Terms and Conditions
The term “Responsible Hedonist” or “us” or “we” refers to the owner of the website, D+F Wines Limited dba Responsible Hedonist. The term “you” refers to the user or viewer of our website.
These terms and conditions govern your use of our website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
LEGAL DRINKING AGE
You must be of legal drinking age in your country of residence to view this site and purchase items from this site, including merchandise. The legal drinking age in the United States of America is 21 and in Aotearoa New Zealand is 18.
SITE ACCESS AND USE OF WEBSITE
You will be able to access the majority of this Website without having to register any details with us.
You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission. This material includes, but is not limited to, the design, layout, look, appearance and graphics. The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent. No part of this Website may be reproduced without our prior written permission.
We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore, we will not be liable if this website is unavailable at any time. This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
LINKS TO AND FROM OTHER WEBSITES
Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
- You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
- You do not misrepresent your relationship with us or present any false information about us;
- You do not link from a website that is not owned by you; and
- Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the New Zealand or the United States of America.
If you choose to link to our website you shall fully indemnify us for any loss or damage suffered as a result of your actions.
We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
EXCLUSION OF LIABILITY
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
Nothing in these Terms shall exclude or limit liability for any liability which cannot be excluded or limited under the law of the New Zealand.
If you make a purchase through the website, we request information from you on a Responsible Hedonist order form, including contact information (such as name and shipping address) and financial information (credit card number, expiration date, billing address, and billing phone number). If Responsible Hedonist has trouble processing your order, this contact information is used to get in touch with you. This information is taken in a secure area, is encrypted for Responsible Hedonist customers’ protection, and is not sold or shared with anyone else under any circumstances.
The order total includes the price of the product(s) ordered and delivery/shipping costs (where applicable). Local sales taxes are not included as part of the order, as we are not large enough to warrant this at this time. Should you be personally liable for them in your location of residence, you will need to remit them to appropriate entity.
Acceptance of any order placed through Responsible Hedonist’s website is conditional on validation of the credit card number you provide to us and approval of the purchase amount by the card issuer. All transactions are billed in United States dollars. If you place an order and payment does not go through, Responsible Hedonist reserves the right to cancel your order.
AVAILABILITY OF PRODUCT
Our website will show the full range of Responsible Hedonist products available. However, the customer acknowledges that there may be limited availability and Responsible Hedonist reserves the right to restrict the items available to each individual customer when quantities are limited. Responsible Hedonist will advise the customer of its inability to fulfill any customer orders as soon as reasonably possible.
Responsible Hedonist delivers only to the United States of America. For any other orders, please contact us for firstname.lastname@example.org. We will endeavor to deliver all normal orders within a reasonable time. However, you accept that delays may arise in some circumstances, for instance where credit card details or delivery details are incomplete or incorrect, where credit card authorization is refused, or where the order includes unusual requests. Should it be required, you warrant and understand that it is your responsibility to show (or to procure the person or persons receiving the goods (the “Recipient”) to show) current identification to the person or persons delivering the goods. The identification may include you or the Recipient’s: full name; date of birth; photo; and signature.
Alcohol purchases must be signed for by someone over the age of 21 on delivery. Responsible Hedonist insists on age verification. In the United States of America, it is against the law to leave restricted goods such as alcohol unattended at an address. Please make sure that someone will be available to take delivery at the requested time because Responsible Hedonist will not leave it on the doorstep.
If you have any questions and queries, please contact Responsible Hedonist email@example.com.
If the goods cannot be delivered for any reason, such as you or the Recipient failing or refusing to accept the goods, or you or the Recipient failing to produce adequate identification, the goods will be returned to Responsible Hedonist, and we will notify you.We will, at your expense, have the goods reshipped to you within two weeks of the attempted delivery.
Responsible Hedonist is deemed to have fulfilled its obligations upon delivery of the goods.
An order may be cancelled as long as it has not been dispatched, for a full refund.
Payments can be made by credit card as per the online directions. All payments go through our third-party payment processor Stripe. You will be charged in United States dollars and the price excludes United States sales tax. Every purchase is subject to the laws of New Zealand.
Responsible Hedonist strives to protect the security of customer’s personal information including credit card information. All transactions are stored and processed in encrypted strings through the secure payment processing platform provided by Stripe.
WARRANTIES AND LIABILITY
Subject always to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, Responsible Hedonist expressly excludes all express or implied warranties, descriptions, representations, statements and advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise. Subject always to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, Responsible Hedonist shall not be bound or responsible for any such unauthorised: warranties; and/or descriptions; and/or representations; and/or statements; and/or advice, made by any of its employees, agents, suppliers or delivery people, whether made in good faith or otherwise.
If you are not a “Consumer” as defined in the Consumers Guarantees Act 1993, or where you hold yourself out as acquiring the goods for the purposes of business then the provisions of the Consumer Guarantees Act 1993 shall not apply.
You accept and acknowledge that regardless of any advice given by an employee, agent, supplier or delivery person, that upon acceptance of the goods by you or the Recipient, all risk in the goods passes to you. Title in the goods passes to you once you have paid for the goods in full.
Subject always to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, Responsible Hedonist excludes all liability against any damage and/or injury and/or loss arising directly or indirectly from any defect in or non-compliance of the goods. You acknowledge and accept that any damages for any other breach of Responsible Hedonist’s obligations shall not in any event exceed an amount equivalent to the price of the goods you have paid for.
You accept and acknowledge that Responsible Hedonist is not liable or responsible for any damage and/or injury and/or loss arising from the servants, agents, buyers, Recipient or any other persons.
Responsible Hedonist shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of the Terms, where this arises out of circumstances beyond the control of Responsible Hedonist, including but not limited to acts of God; natural disasters; sabotage; accident; riot; shortage of supplies, equipment, materials; strikes and lockouts; civil commotion; computer hacking; or malicious damage
This Legal Notice shall be governed by and construed in accordance with New Zealand law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of New Zealand.
INFORMATION WE COLLECT
In running and operating this website we may collect and process certain data and information relating to you and your use of this site. This data and information is detailed below:
- Details of visits to our website and the pages and resources that are accessed, including, but not limited to, traffic data, location data, browser type, and other communication data that may assist us in understanding how visitors use this website.
- Information that visitors provide to us as a result of filling in forms on our website, such as when a visitor registers for information or makes a purchase. For example, we collect personal information about you when you check out of our store such as your name, address, postal code, phone number, etc. We need this information to process payment and ship merchandise to you.
- Information provided to us when our visitors communicate with us electronically for any reason.
We may also use the cookies to gather information about your general internet use to further assist us in developing or website. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive and then stored there and transferred to us where appropriate to help us to improve our website and the service that we provide to you.
All computers have the ability to decline cookies and there is a pop up on our site to allow you to do so. You can easily decline or remove cookies from your computer using the settings within the Internet Options section in your computer control panel.
USE OF YOUR INFORMATION
All the information you give us is completely private and used solely for order processing, order fulfillment, and for our own use in developing our website. We will not share any personal information that we collect with any third parties or web sites besides our payment processor (Stripe), webhost (Ecwid), and product fulfiller (Printful), whose services we use to process and fulfill your orders. We will not sell your email to any other web site or list. We will not distribute your email for any purpose other than order processing and fulfillment or, should you opt-in, marketing purposes.
If you give us permission to send you marketing emails, we may use your information for the following purposes:
- To provide you with information relating to our website, products, or our services that you request from us.
- To provide you with information on other products that we feel may be of interest to you.
- To meet our contractual obligations to you.
- To notify you about any changes to our website, including improvements, and service or product changes that may affect our website.
If you are an existing customer, we may contact you with information about goods and services similar to those that you have expressed an interest in previously via our website.
If you have chosen to opt into our newsletter or marketing emails and decide to opt out, we have a simple unsubscribe form in the bottom of every email that will let you unsubscribe from our email list.
STORING YOUR PERSONAL DATA
Data that is provided to us is stored on secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety. The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.
DISCLOSING YOUR INFORMATION
Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any).
We may also disclose your personal information freely to third parties:
- Where we sell any or all of our business and/or our assets to a third party.
- Where we are legally required to disclose your information.
- To assist fraud reduction and minimise credit risks.
ACCESS TO INFORMATION
You can request a copy of any information that we hold about you. Please contact us if you wish to make such a request.
Shipping and Returns
Merchandise (aka not Wine)
If you purchased something and it’s not quite right i.e. you ordered a mug and it arrived broken or your tshirt has a big red smudge on it, or if your order hasn’t arrived after 8 business days, please send us an email and let us know.
RETURNS AND EXCHANGES
If an item is not the size you expected or you’ve changed your mind, we encourage you to re-purpose, re-gift, or donate it. We are realllly sorry, but we cannot accept returns or exchanges for our merchandise at this time. Our merchandise partner, Printful, is wonderful on the sustainability front but does not allow for straight exchanges or returns. It is something we are working on but do not have a solution to at this time.
That said, please email us anyway. We’d love to see what we can do to find a compromise or help you get the right item next time and give you a 15% off discount code for your next purchase.
We hope you understand and thanks for your support!
Wine (aka not merchandise)
Hold your horses! We haven’t made any just yet. Stay tuned =)