blackmarket.co.nz gives you access to direct prices from suppliers of various products including wine, bottled water, coffee, olive oil and more.

OVERRIDING PROVISION:

blackmarket.co.nz does not sell any of these products; it simply enables you to take advantage of those prices direct from the suppliers on the supplier’s terms and conditions. All products are sold and supplied directly by 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.

TRADE ONLY - WARNING:

This site is for use by trade customers only.
In order to use this site you must first become an authorised trade customer of blackmarket.co.nz. Trade customer means a person or entity who holds a current liquor licence issued under the Sale of Liquor Act 1989 and who has been approved by blackmarket, in its discretion.

In considering such approval blackmarket will consider whether section 5(2) or 5(3) of the Sale of Liquor Act 1989 applies in your case. Persons or entities who do not hold a licence but fall within the exception under clause 5 of the Sale of Liquor Act 1989 may apply directly to blackmarket for approval. Each time that you submit an order via this site you confirm that the information you submitted to blackmarket for original approval remains current. If any of that information changes you must notify blackmarket as soon as possible. You must be able to provide evidence of your liquor licence if requested. To gain authorisation, you must complete the application form located on this website and send it to blackmarket.co.nz for approval. We will notify you in writing of your approval and you will be issued a trade customer number and be accepted as a “Member” of this site. No responsibility can or will be taken by blackmarket.co.nz if you illegally submit an order. Each winery and liquor merchant advertising their products for sale via this site will require you to confirm that you hold a liquor licence or have otherwise been approved by blackmarket as being able to use this website. 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.

Orders may be paid for by credit card, or if arranged directly either with the supplier or with blackmarket 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 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 blackmarket 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.

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 and include all consultants, advisers and contributions to blackmarket as may be appropriate.

Privacy Policy:

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

     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

Personal information collected for the above purposes will be retained by blackmarket.co.nz in its database. If you are an individual 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 [email protected]

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 you have authorised us to contact you by email to advise you of offers being advertised on the site. When new deals are released they are 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 to advise you of 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. Please note: Members who purchase product via blackmarket.co.nz will also receive an email 10 days after purchase to enquire whether: 1. The wine has arrived safely 2. The member is satisfied with the product. Blackmarket values your response to these queries. blackmarket.co. nz also operates the starwines.co.nz website in conjunction with Sunday Star-Times (a division of Fairfax New Zealand Limited). While starwines.co.nz operates as a distinct advertising platform under its own terms of use by registering with eAlert on this site you agree that we can advise you by email from time to time of offers available through the Starwines site. You may advise us at any time that you no longer wish to receive from us notice of offers available through the Starwines site and upon receipt of such advice we will remove your email address from the mailing list used by us for such offers.
 

Credit Card Information 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. By submitting an order for wine via this site, you agree that you are not a ‘Consumer’ as defined in the Consumer Guarantees Act 1993, that you are ordering the goods for trade or business purposes and that accordingly, the Consumer Guarantees Act does not apply.

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. By using any links or “hot links” it is your responsibility to review any terms and conditions of use of that site. 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 or leave details of premises from which you may collect the product. 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 premises verified by you. 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, force majeure 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.

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: [email protected] or 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 commercial use only. You may not reproduce any information contained on this site for your own use without the prior written permission of blackmarket.

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. Although it is currently ranked in the top 10 Food and Beverage sites in New Zealand, blackmarket.co.nz does not sell food or beverages – it simply provides a forum for suppliers to advertise exclusive or limited offers.

www.blackmarket.co.nz is a home based 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.

blackmarket.co.nz 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 home office
• No customers visit home office
• No products are sold by blackmarket.co.nz
• No liquor is sold by blackmarket.co.nz

blackmarket.co.nz simply provides a structured advertising forum and so is not required to have a liquor licence. An off licence would be required if blackmarket.co.nz did purchase liquor for on-sale by it to consumers but this is not currently contemplated.