Terms
of Sale
|
| The
goods on this website are offered for sale by Wineot
Pty Ltd, ABN 22 079 121 421 trading as The Wine-O,
of 32 Ferrars Place, South Melbourne, Vic, 3205,
Victorian liquor licence no. 36084434. |
| By
entering your details to make a purchase, you are
offering to make a contract to purchase goods from
us (i.e. Wineot Pty Ltd, trading as The Wine-O) |
| If
we accept your offer, the goods will be sold on the
basis of the terms and conditions set out below.
Please read these terms carefully. |
| The
contract is deemed to be made at our licensed premises. |
| Persons
under 18 years of age are not permitted to place
orders for alcohol. |
| The
Wine-O supports the responsible service of alcohol. |
Nature
of the Contract.
You may use telephone or fax to place an order for goods.
The contract between you and The Wine-O ("the Contract") only comes
into existence when The Wine-O accepts your order. No obligation to sell
the goods will arise until such acceptance. Orders cannot be cancelled
once accepted, unless by arrangement with the management of The Wine-O. |
Information
required
You will be required to provide the following information when ordering:
Name
Address
Contact telephone no.
No. of cases
Date of birth (to prove that you are over 18 years of age)
Email address (optional - for confirming orders, etc)
Special Delivery instructions (see below) |
Delivery
Delivery will be by Australia Post's specialised wine delivery service.
The Wine-O will not be obliged to continue to deliver goods to you if
your delivery address is not in an area to which Australia Post delivers
wine. |
| Wine
will not be left with a person under the age of 18
years. The Wine-O may request that the person who
receives the goods provide satisfactory evidence
of proof of age. The Wine-O will refuse to deliver
the goods if the person receiving the goods is unable
or unwilling to provide evidence of proof of age. |
| If
there is no-one home to receive the wine, a card
will be left in your letter-box, and the wine will
be taken to the nearest Post Office, from where it
can be collected during business hours, unless you
give us special instructions otherwise. If you give
instructions for Australia Post to leave the wine
somewhere when the premises are unattended, neither
we nor Australia Post will be liable for its loss
or damage. |
The
wine is not insured, and we will not be liable for
any broken or missing wine.
|
| The
Wine-O is required by law to give written instructions
to the person responsible for delivery of the
liquor, requiring that the liquor be delivered: |
| (a) |
|
to
the adult person who placed the order, or |
| (b) |
|
to
another adult person at those premises who
undertakes to accept it on behalf of the person
who placed the order, or |
| (c) |
|
if
delivery takes place on a day following the
placing of an order, in accordance with the
customer's instructions but always to a person
over the age of 18 years. |
|
| Anyone
at the nominated delivery address who receives the
goods shall be presumed by The Wine-O to be authorised
to receive the goods. |
| While
The Wine-O will use all reasonable endeavours to
deliver by any date, it does not guarantee delivery
on that date and is not liable for any Loss resulting
from late delivery. |
| Unless
agreed otherwise, delivery charges are: |
| $6 |
|
Melb
Metro ($6 first case, free for more than one) |
| $10 |
|
Other
Vic |
| $12 |
|
Sydney,
Adelaide, Canberra, Newcastle, Gosford, NSW
Country, SA Country, Brisbane, Gold Coast |
| $20 |
|
Tas,
Other Qld |
| $30 |
|
Perth,
Other WA, NT |
|
Risk
and Title
Risk in the goods passes to you upon despatch of the goods from our premises.
Title to the goods passes to you no earlier than payment of all amount
owed by you to The Wine-O. |
Payment
You must pay for the goods before we will despatch your order. |
| The
Wine-O is committed to maintaining the privacy and
confidentiality of personal information. We will
adhere to the National Privacy Principles (NPPs)
when collecting, using, disclosing, securing and
providing access to personal information. |
| We
endeavour to take all reasonable steps to protect
your personal data, but cannot guarantee the security
of any data you disclose online. By supplying us
with information, you accept the inherent security
implications of dealing online over the Internet
and will agree not to hold The Wine-O responsible
for any breach of security unless we have been negligent
or in wilful default of our duties to you. |
| Individuals
have a right to request access to personal information
that we hold about them. If you believe that their
personal information we hold about you is not accurate,
they you may request that we correct it. |
Limitation
of Liability
Nothing in this Contract is to be interpreted as having the effect of excluding,
restricting or modifying any condition or warranty, or right or liability
implied by any applicable legislation into the arrangement between The
Wine-O and you, if such exclusion, restriction or modification would be
void or prohibited by the legislation.
To the extent that The Wine-O or its agents breach any condition or warranty
implied into the arrangement between The Wine-O and you and which cannot
be excluded or modified, The Wine-O's liability is limited to, at The Wine-O's
discretion, either: (i) replacement of the goods or supply of equivalent
goods; (ii) payment of the cost of replacing the goods or acquiring equivalent
goods; and in the case of services, to: (i) supply of the services again;
or (ii) payment of the cost of having the services supplied again.
Subject to the foregoing, The Wine-O is not liable to you (or to any third
party claiming through you) for, and you release The Wine-O from, any loss,
liability, damage, expense or cost whatsoever and includes (without limitation)
indirect or consequential loss or damage, loss of profits or business opportunity,
and damage to equipment or property ("Loss") caused by any act or
omission of The Wine-O, its employees or agent, and whether based on negligence
or other tort, contract or otherwise. |
Amendments
The Wine-O may add to, delete, or otherwise change any of the terms of
this Contract. The Wine-O will notify you of any substantial changes
to these terms & conditions. Your use of the The Wine-O service after
notice will constitute your deemed acceptance of such changes. |
Miscellaneous
If any provision of these Terms & Conditions is unenforceable or void
either in whole or in part for any reason then that provision (or part)
is deemed to be deleted without in any way affecting the validity or enforceability
of the remainder of this document.
The laws of Victoria govern this Contract. |
