Terms & Conditions

GENERAL TERMS & CONDITIONS OF USE

Last Updated 13th December 2023

Thank you for visiting www.messageonabottle.co.nz (the “Website”), which is operated by Lion NZ Limited (“Lion”). Lion provides an online store whereby customers can purchase select products and create a customised message label for any product purchased via the Website.

The following terms and conditions (“General Terms and Conditions of Use”) apply to your use of the Website. By accessing and using the Website, you agree to be bound by all of the following General Terms and Conditions of Use, the Privacy Policy and the Terms of Sale without qualification (collectively, the “Terms”). If you do not agree to be bound by the Terms you must stop using and accessing the Website.

DEFINITIONS

The following definitions apply to the Terms:

  • “Content” means any software, data, information, pictures, graphics and other materials published or made available on the Website, including any Third Party Content.
  • “Customer” means a person who applies for permission to order Products via this Website.
  • “Intellectual Property Rights” means all intellectual property rights and includes any patents, registered designs, utility models, trade marks (including logos and trade names), domain names, copyright, circuit layouts, rights in computer software and databases, rights in inventions, ideas, know-how and trade secrets, image and personality rights (including all things recording that intellectual property), in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world and all rights to apply for any such rights.
  • “Personalised Message” means any customised message submitted by you to be used on the label of any Product.
  • “Product” means any goods, including any goods incorporating a Personalised Message, that are offered for sale through the Website.
  • “Service” means the delivery of Products from Lion NZ Limited in response to orders placed by Customers via this Website and in accordance with these Terms.
  • “Third Party Content” means any software, data, information, pictures, graphics and other materials published or made available on the Website and provided by any third party.
  • “User” means any user of the Website.
  • “You” and “Your” are a reference to you.

USE OF WEBSITE AND PROHIBITED ACTIVITY

Use of this Website is restricted to persons 18 years and over.

If you make a purchase through the Website, you warrant and understand that it is your responsibility to current identification to the person or persons delivering the Products. The identification must include your:

  • full name;
  • date of birth;
  • photo; and
  • signature.

You are prohibited from doing any act, creating or providing any Personalised Message, or otherwise engaging in any activity through the Website, that Lion, in its absolute discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this Website, including but not limited to:

  • Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals;
  • Using another person’s personal information (including photographs or images) other than for the specific purposes that person’s personal information was provided to you for;
  • Breaching the Intellectual Property Rights of any third party;
  • Using this Website to defame Lion or its affiliates, their employees or other individuals, or its brands, or acting in such a way that brings into disrepute the reputation of Lion or its affiliates or brands; and
  • Implying that the Personalised Message is in any way endorsed or sponsored by Lion;
  • Any act that is intended to harass, annoy, threaten or intimidate any other person;
  • Any act or creating any Personalised Message that is false, misleading, defamatory, inaccurate, abusive, pornographic, racially or ethnically objectionable in nature, or otherwise objectionable; or
  • Uploading files that contain viruses that may cause damage to the property of Lion or the property of other individuals.

You agree not to engage in any other conduct that Lion advises (in its absolute discretion) is in breach of the Terms or is otherwise inappropriate for the Website.

We may at any time refuse to accept any Personalised Message that we in our sole discretion consider breaches the Terms or is otherwise inappropriate for the Website. We may at any time modify any Personalised Message that you submit.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Lion is not responsible if the information that it makes available on this Website is not accurate or complete. Any reliance upon the material on this Website shall be at your own risk and we are not responsible for any adverse consequences arising out of such use. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Website.

CHANGES

Lion reserves the right, in its absolute discretion, at any time and for any reason whatsoever, to make improvements and/or changes to the Service; to terminate all or part of any Service supplied by Lion and/or its agents and/or its delivery persons to any Customer; to remove, amend and/or vary any of the Content which appears on the Website; to cease operating the Website in whole or in part, with or without notice, effective immediately.

Lion reserves the right to change, alter or modify these Terms at any time and will update you of this by updating the “last updated” notice at the beginning of these Terms. By continuing to access the Website you agree to be bound by the amended Terms. You should check from time to time to see if these Terms have changed or not.

TRANSMISSION

Any non-personal communication or material you transmit to this Website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary.

Anything you transmit or post (excluding any Personalised Message) becomes the property of Lion and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Lion is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this Website. Any such use is without compensation to the party submitting information.

By submitting information (including any Personalised Message), you warrant that you own the material/content submitted, that it is not defamatory and that Lion’s use will not violate any third party’s rights. Lion is under no obligation to use the information submitted.

INTELLECTUAL PROPERTY

All Intellectual Property Rights in all text, images and other materials on this Website are the property of Lion or are included with the permission of the relevant owner.

We grant you a non-exclusive, non-transferable, revocable right to access and use the Website solely for your own personal, non-commercial use, all on the terms and conditions set out in the Terms.

You are permitted to browse this Website and reproduce extracts by way of printing or downloading to a storage device for your own personal use. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices. No reproduction of any part of this Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.

The trademarks, logos, characters and service marks, and other such intellectual property, displayed on this Website belong to Lion or its affiliates. Nothing contained on this Website should be construed as granting any licence or right to use any trademark displayed on this Website. Your use/misuse of the trademarks displayed on this Website, or on any other Content on this Website, except as may be provided for in these Terms, is strictly prohibited. Lion and its affiliates reserve all their rights to enforce their Intellectual Property Rights to the fullest extent of the law.

We acknowledge and agree that you will own all rights, title and interest in and to your Personalised Message, and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of your Personalised Message. You grant Lion and its affiliates a non-exclusive, transferable, royalty free and perpetual right to use your Personalised Message for Lion’s and its affiliates’ business purposes.

LINKS TO OTHER WEBSITES

Links on the Website may take you outside the Lion network and Lion accepts no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and Lion cannot be held responsible for any subsequent change in other websites to which Lion provides a link. Lion will not be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with any third parties. The inclusion of any link to other websites is provided to you only as a convenience and does not imply Lion’s endorsement of websites or any association with their operators. Lion highly recommends that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

WARRANTIES

To the maximum extent permitted by law, this Website is provided to you on an “as is” and “as available” basis and, consequently, Lion gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including but not limited to delivery; or any warranties or representations that material on this Website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this Website will be un-interrupted or error-free; that this Website will be secure; that any advice or opinion obtained from Lion through this Website is accurate or to be relied upon, and any representations or warranties thereto are expressly disclaimed.

Lion reserves the right to restrict or terminate your access to this Website or any feature of this Website or any feature or part thereof at any time.

LIABILITY

Except to the extent otherwise expressly set out in the Terms and to the maximum extent permitted by law, Lion does not accept liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever (including but not limited to breach of contract, warranty, negligence, strict liability in tort or otherwise), arising out of or in connection with: (a) the Services; (b) your access to, use, inability to use, or change in Content, of this Website or any other website you access through a link from this Website; (c) any actions Lion takes or fails to take as a result of any electronic mail messages you send to Lion; or (d) these Terms.

To the maximum extent permitted by law, Lion does not accept any responsibility to maintain the material and services made available on this Website or to supply any corrections, updates, or releases in connection with this Website. Any material on this Website is subject to change without notice.

Lion shall have no liability or any responsibility whatsoever for any loss or damage caused by viruses, malware, spyware or other similar software or code that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Website. If you choose to download material from this Website, you do so at your own risk.

You will take all necessary action to defend and indemnify Lion and its affiliates, and their agents, officers and employees (“Indemnified Parties”) against any claims, actions, costs (including legal costs) or losses incurred by the Indemnified Parties arising out of or in connection with your breach of the Terms.

If, notwithstanding the foregoing paragraphs in this section 9, we have any liability to you for any form of loss or damage, then to the maximum extent permitted by law, our maximum aggregate liability to you will not exceed the amount you have paid us for the Products.

The exclusions and limitations of our liability to you set out in this clause are subject to any rights you have under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 that cannot be excluded by agreement.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between Lion and you in relation to the Website and supersedes any previous understanding or agreements on that subject matter.

SEVERABILITY

If any provision of these Terms is deemed to be invalid, illegal or unenforceable it is severed for that jurisdiction and the remaining provisions shall remain in full force and effect.

LAW

The Terms are governed by and will be construed in accordance with the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand.

CONTACT

If you have any questions, concerns or complaints in relation to the Website or the Terms, please contact us via our contact form.

ONLINE TERMS OF SALE

The following terms and conditions (“Terms of Sale”) apply to orders you place on this website (“Website”), which is operated by Lion NZ Limited (“Lion”), and are to be read in conjunction with the General Terms and Conditions of Use, and the Privacy Policy (collectively, those terms and the Terms of Sale are referred to as the “Terms”). By placing orders using the Website you will be deemed to agree to the Terms. If you do not agree to be bound by the Terms you must stop using and accessing the Website.

ORDERING

You can browse a range of Products that we have made available on the Website, at that time, for you to purchase.

If a Product is marked as “Out of Stock” or has similarly been marked as unavailable, then it is not available for you to purchase.

The minimum order size varies depending on brand of Product purchased. The minimum order size will be clearly stated on the Product selection page.

When you have selected Product(s), these will sit in your shopping cart until you are ready to complete your purchase.

You may complete your purchase by confirming the Product(s) you intend to purchase, providing your payment details, delivery address, delivery details and any other information that we may require, and then confirming and submitting an order (“Order”). You acknowledge that an Order is a legal offer from you to us, to purchase the Products in that Order.

Upon receipt of your Order, we will either: (a) accept the Order and email confirmation of the Order to you using your email address provided, and then organise delivery to occur; or (b) reject the Order for any reason at our complete discretion and email notice and details of the rejection to you. If this occurs, no payment will be processed.

If Lion has trouble processing your Order, any contact information you provide is used to get in touch with you. This information is stored in a secure area, is encrypted for Lion customers’ protection, and is not sold or shared with anyone else under any circumstances, except to the extent set out in the Privacy Policy.

The Order total includes the price of the Product(s) ordered, delivery costs (where applicable) and GST.

Acceptance of any Order placed through this 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 New Zealand dollars.

Acceptance of any Order placed through this Website is conditional on your Personalised Message being deemed acceptable at Lion’s discretion. If your Personalised Message is deemed inappropriate, you will be contacted and asked to modify your Personalised Message. If you do not wish to modify your Personalised Message, your Order will be cancelled and any charges to your credit card will be reversed.

Any Personalised Message will be printed exactly as inputted to the Website. There are no refunds for user error, including but not limited to spelling mistakes.

DELIVERY TIMES

Delivery days are available Monday to Friday from January 24th 2024. No orders will be delivered before January 24th.

Orders will be dispatched within 10 working days of the order being accepted.

Lion does not deliver on public holidays where it is illegal to trade.

DELIVERY

Delivery will be made to the delivery address provided by you.

Delivery can only be made to a New Zealand street address. If you have provided a delivery address that is outside New Zealand or not a street address, then your Order will not be accepted.

All Orders will be dispatched from Lion NZ’s premises (Level 1, 136 Fanshawe Street, Auckland CBD, Auckland 1010), or another site that Lion deems appropriate.

Lion will endeavour to deliver all normal Orders within a reasonable time. However, you accept that delays may arise in some circumstances. You acknowledge and agree that to the extent permitted by law we will not be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the Order not being fulfilled or the Products not being delivered within the anticipated delivery time.

You understand and warrant that it is your responsibility to show (or to procure the person or persons receiving the Products (“Recipient”) to show) current identification to the person or persons delivering the Products. The identification must include you or the

  • full name;
  • date of birth;
  • photo; and
  • signature.

Alcohol purchases must be signed for by someone over the age of 18 on delivery. Lion staff may insist on age verification.

It is against the law to leave restricted Products such as alcohol unattended at an address. Please make sure that someone will be available to take delivery at the requested time because it will not be left at the address.

If you have any questions and queries, please contact us via our contact form.

If the Products cannot be delivered for any reason, such as you or the Recipient failing or refusing to accept the Products, or you or the Recipient failing to produce adequate identification, the Products will be returned to Lion and held for you to collect. You must, at your expense, collect the Products within one week of the attempted delivery.

If you receive Products from us that are not part of your Order, you must immediately notify us. If you choose to keep those Products, we may charge you accordingly. If you choose to return those Products to us, we will refund you any amount charged to you for those Products and reimburse you any reasonable costs incurred in returning those Products to us.

Lion is deemed to have fulfilled its obligations upon delivery of the Products.

RETURNS POLICY

If you are unhappy about any aspect of your delivery or would like to return any part of your Order, please contact us via our contact form with all details of your Order and what is required. Return claims must be made within 7 days of receipt of Products.

You may return Product which equates to 20% of the value of the Order placed (i.e. you are able to return $20 worth of Product for a $100 order). This means that you can have peace of mind if you over order. Product returned must be unopened and be in re-saleable format – (i.e. wine or spirit packaging unbroken from original format and not damaged in any way). Lion will then arrange either a replacement or refund.

WARRANTIES AND LIABILITY

Subject to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, Lion 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.

If you are not a “Consumer” as defined in the Consumers Guarantees Act 1993, or where you hold yourself out as acquiring the Products 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 Products by you or the Recipient, all risk in the Products passes to you. Title in the Products passes to you once you have paid for the Products in full.

Subject to the Consumer Guarantees Act 1993 and otherwise to the maximum extent permitted by law, Lion 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 Products. You acknowledge and accept that, to the maximum extent permitted by law, any damages for any other breach of Lion’s obligations shall not in any event exceed an amount equivalent to the price of the Products you have paid for.

FORCE MAJEURE

Lion 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 Lion, 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.