Terms and Conditions of Credit

Winc New Zealand Pty Ltd

Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this site. By using this site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this site.

 

These Terms and Conditions of Credit (Terms) apply to the establishment, operation and use of the Applicant’s credit account with Winc New Zealand Limited NZ/CN 123410 (“Winc”), acceptance of which is evidenced by the Applicant’s execution of the New Customer Credit Account Application Form (“Application”)

1. The Applicant warrants that the information provided in the Application is accurate, correct and complete and is supplied for the purposes of obtaining credit.

2. The person/s signing the Application warrants that he/she is duly authorised by the Applicant to apply for credit and execute this Application on their behalf.

3. The Applicant agrees that it is not entitled to any credit facilities until it receives notice in writing from Winc stating that credit facilities have been given and confirming the terms and conditions upon which such credit facilities are given. Until the Applicant receives such notice, any products and/or services that are supplied by Winc to the Applicant will be on the basis of payment up front.

4. The parties agree that, if prior to formally approving credit, Winc grants to the Applicant time to pay for any products and/or services supplied, it does so on these Terms.

5. In the event of Winc granting credit facilities to the Applicant then:
a) All accounts are to be settled in full within the agreed trading terms noted on the Winc statement and/or invoice. Credit facilities may only continue if payment is maintained in accordance with those agreed trading terms.
b) Should the Applicant default in making any payment in accordance with the agreed trading terms, then all monies owing to Winc shall immediately become due and payable. Winc shall be entitled to charge interest at the rate of 1.5% per calendar month on all overdue amounts from the date due for payment until the date of actual payment.
c) Any reasonable expense and/or costs or disbursements incurred by Winc in recovering any outstanding monies including debt Collection agency fees and legal costs shall be paid by the Applicant.
d) It is expressly understood and agreed that this credit arrangement may be terminated at any time by Winc. In that event, all monies owing to Winc will be immediately due and payable.
e) Winc may at any stage during the continuance of the credit arrangement impose as a condition precedent to the grant of further credit that the Applicant give such security or additional security or information as Winc shall in its discretion think fit and in a form acceptable to Winc. Winc shall be entitled to withhold supply of goods or further credit until such security or additional security is obtained.

Where the Applicant is a trustee, the Applicant warrants that it is the only trustee of the trust and will remain trustee of the trust, it is not aware of any action having been taken to remove it as trustee of the trust, it has the power under the trust deed to enter into and observe its obligations under these Terms and the assets of the trust shall be available to meet payment of any monies due and owing to Winc.

The Applicant will notify Winc no later than 14 days after any change of ownership, change in particulars, any alteration or addition to shareholders or directors, and any change, alteration or addition in the Applicant’s internal structure and senior management.

The Applicant:
a) authorises Winc to gather information, it reasonably regards as necessary for credit enquiry purposed, from any appropriate person or company;
b) authorises any person, or company, to provide Winc with any reasonable information which is necessary for credit enquiry purposes;
c) acknowledges that I/we do not have to provide Winc with any information, but if I/we do not, it may affect their decision to provide credit;
d) understands that I/we have certain rights under the Privacy Act 1993 (NZ), to access and correct any information held about me/us;
e) consents to Winc disclosing information about the Applicant to its subsidiaries, parent company agents and advisers. Customer information may also be used by Winc for account servicing and direct marketing purposes.

The parties agree that these Terms shall be governed and construed in accordance with the laws of New Zealand and the parties agree to submit to the jurisdiction of the Courts of New Zealand.

Winc Terms and Conditions of Sale, a copy of which is located here, is incorporated into these Terms and shall apply in respect of all sales made to the Applicant.

Winc’s Terms and Conditions of Credit and Terms and Conditions of Sale form the agreement between the parties and are binding on the parties. These Terms and Conditions of Credit and Terms and Conditions of Sale will prevail over any subsequent document issued by the Customer. If the Application is received in electronic format, it is constituted as an original document.

For Commercial Credit Application Form please click here (pdf).