Terms and Conditions
Scenic Cellars and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Scenic Cellars, you accept these conditions. Please read them carefully. In addition, when you use any current or future Scenic Cellars service or visit or purchase from any business affiliated with Scenic Cellars, whether or not included in the Scenic Cellars Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit Scenic Cellars or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Scenic Cellars or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Scenic Cellars and protected by international copyright laws. All software used on this site is the property of Scenic Cellars or its software suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS
Scenic Cellars grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Scenic Cellars. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Scenic Cellars. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Scenic Cellars and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Scenic Cellars’s name or trademarks without the express written consent of Scenic Cellars. Any unauthorised use terminates the permission or license granted by Scenic Cellars. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Scenic Cellars so long as the link does not portray Scenic Cellars, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Scenic Cellars logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. It is illegal for us to sell wine to you if you are under the age of 18. Scenic Cellars and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
When you place an order with Scenic Cellars we will ask you to provide certain information about yourself, such as your name, mailing address, or e-mail address. The personal information you submit when placing your order is treated as confidential. We use this information to process your transaction, and we share the information with Visa, Mastercard, etc. in order to process your order. The name that will appear on your statement will be Scenic Cellars.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Scenic Cellars reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Scenic Cellars and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Scenic Cellars and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Scenic Cellars or its affiliates for all claims resulting from content you supply. Scenic Cellars has the right but not the obligation to monitor and edit or remove any activity or content. Scenic Cellars takes no responsibility and assumes no liability for any content posted by you or any third party.
Scenic Cellars and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Scenic Cellars are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Scenic Cellars and its affiliates attempt to be as accurate as possible. However, Scenic Cellars does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Scenic Cellars itself is not as described, your sole remedy is to return it in unused condition.
Parties other than Scenic Cellars and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Scenic Cellars does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SCENIC CELLARS ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCENIC CELLARS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SCENIC CELLARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCENIC CELLARS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SCENIC CELLARS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCENIC CELLARS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting Scenic Cellars, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Scenic Cellars or its affiliates.
Any dispute relating in any way to your visit to Scenic Cellars or to products you purchase through Scenic Cellars shall be submitted to confidential arbitration in Taupo, New Zealand, except that, to the extent you have in any manner violated or threatened to violate Scenic Cellars’s intellectual property rights, Scenic Cellars may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to Scenic Cellars. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
What Personal Information About Customers Does Scenic Cellars gather?
The information we learn from customers helps us personalise and continually improve your shopping experience at Scenic Cellars. Here are the types of information we gather.
Information You Give Us
We receive and store any information you enter on our web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customising future shopping for you, improving our store, and communicating with you.
We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use "cookies," and we obtain certain types of information when your web browser accesses Scenic Cellars. Scroll to the bottom of this page to see examples of the information we receive. A number of companies offer utilities designed to help you visit web sites anonymously. Although we will not be able to provide you with a personalised experience at Scenic Cellars if we cannot recognise you, we want you to be aware that these tools exist.
What About Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser and to provide features such as Automatic Login and permanent Shopping Carts for storage of items in your Shopping Cart between visits. If you would like to know more, the "Help" section of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies do allow you to take full advantage of some of Scenic Cellars’s best features, and we recommend that you leave them turned on.
To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Scenic Cellars if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your account to reflect this by selecting "Unsubscribe" in the Newsletter menu.
Does Scenic Cellars Share the Information It Receives?
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only with the subsidiaries Scenic Cellars controls and as described below.
Affiliated Businesses We Do Not Control
We work closely with our affiliated businesses. In some cases, these businesses operate stores at Scenic Cellars or sell offerings to you at Scenic Cellars. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when another business is involved in your transactions, and we share customer information related to those transactions with that business.
We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing Credit Card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Protection of Scenic Cellars and Others
We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Scenic Cellars, our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
With Your Consent
Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
What Choices Do I Have?
As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Scenic Cellars features as Automatic Login, and permanent Shopping Carts. You can add or update certain information on pages such as those listed in the My Account pages. When you update information, we usually keep a copy of the prior version for our records. If you do not want to receive e-mail or other mail from us, please adjust your account to reflect this in the Newsletter menu.
Conditions of Use, Notices, and Revisions
If you choose to visit Scenic Cellars, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of New Zealand. If you have any concern about privacy at Scenic Cellars, please send us a thorough description to firstname.lastname@example.org, and we will try to resolve it. Our business changes constantly. This Notice and the Conditions of Use will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our web site frequently to see recent changes.
Information You Give Us
You provide most such information when you search, buy, bid, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order; provide information in Your Account (and you might have more than one if you have used more than one e-mail address when shopping with us); communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; by providing employer, school, or other such information. As a result of those actions, you might supply us with such information as your name, address, and phone number; people to whom purchases have been shipped, including address and phone number; other people; content of reviews and e-mails to us; and financial information.
Examples of the information we collect and analyze include the Internet Protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type and version, operating system, and platform; purchase history; the full Uniform Resource Locators (URL) clickstream to, through, and from our Web site, including date and time; cookie number; and products you viewed or searched for