This agreement is between Wine and Only ABN 99 621 280 788 (“us, we, our”) and the person/s stated in the Order (“you, your”), together the “parties”.
Definitions and interpretation
- In these terms and conditions, the following words have the corresponding meaning:
“Business Day” means a day which is not a Saturday, Sunday or public holiday in Queensland.
“Delivery Address” means the address for delivery of the Goods nominated in writing by you in the Order.
“Delivery Date” means the date and/or dates which the Goods are estimated to be delivered to you as set out in these terms and conditions or as otherwise agreed.
“Goods” means champagne, wine, spirits, beverages and any other goods supplied by us to you at your request from time to time.
“Insolvent” means that a person (including a company) is unable to pay its debts as and when they become due and payable.
“Order” means an order or request made by you to purchase Goods from us for the Price.
“our website” means wineandonly.com.au;
“Price” means the price payable by you to us for Goods at the rates and amounts advertised on our website. The Price does not include any Service Fee.
“Seller’s Invoice” means an invoice issued by us to you with respect to an Order.
“Service Fee” means any additional fee or charge imposed by us for the provision or delivery of Goods or any additional services or products, including but not limited to freight, storage, shipping, handling, insurance or delivery of Goods.
“terms and conditions” means these terms and conditions.
- In these terms and conditions, unless the context otherwise requires:
- a reference to a person includes any other entity recognised by law and vice versa;
- words importing the singular number include the plural number and vice versa;
- words importing one gender include every gender;
- a reference to a party includes the parties executors, administrators or permitted assigns, or being a company, its successors or permitted assigns;
- a reference to a law includes all regulations or other instruments under and amendments to that law and any other law passed in substitution for that law or incorporating any of its provisions to the extent that they are incorporated;
- every agreement or undertaking expressed or implied by which more one or more persons agree or undertake any obligation or derive any benefit will bind or enure for the benefit of such persons jointly and each of them severally;
- “Delivery” of any Goods shall be taken to occur at the time and on the date the Goods arrive at the Delivery Address;
- time shall be of the essence of your obligations under these terms and conditions;
- clause headings are for reference purposes only.
Use of our website
- Our website (www.wineandonly.com.au) is operated by Wine and Only ABN 99 621 280 788 (“us, we, our”). Sale of alcohol products made through our website are made under New South Wales Liquor Licence No: LIQP770017482. Licence name: Packaged liquor licence – delivery only. Licensee: Craeye Enterprises Pty Ltd ACN 621 280 788. LGA: The Council of the Municipality of Hunters Hill.
- By visiting and using our website you agree to be bound by these terms and conditions of use. If you do not agree, do not use our website.
- You accept and agree that, notwithstanding anything to the contrary, including any subsequent notification by you following the date of your Order, the terms and conditions apply in respect of your Order and/or the delivery of all Goods by us.
- Upon receipt by us of payment of the Price from you, we agree to provide Goods to you on the terms and conditions.
- Our website offers a ‘My Account’ facility (Account) to users who register their details on our website (Registered Users). The Account facility enables Registered Users to view order history, edit personal details, change your password and other functions.
- You are only eligible to apply for an Account if you are 18 years of age or over.
- When you register as a Registered User, you will receive a username and password to be used to identify you on our website. One Account only is permitted per person.
- You are responsible for maintaining the confidentiality of your username and password and you will be liable for any breach of privacy arising from unauthorised access to your Account caused by or connected with your disclosure of your username or password.
Warranties and Representations
- You warrant and represent to us that:
- you are authorised and have legal capacity to place each Order;
- the Delivery Address (including, without limitation, any amended Delivery Address) is and will be safe and accessible by us or our delivery agent on the Delivery Date;
- you are at least 18 years of age;
- any person that you are obtaining the Goods for or are supplying the Goods to is over the age of 18 years; and
- the information and details provided to us in the Order are true and correct in all respects.
Price and Payment
- Prices payable for the Goods are those advertised on our website. Unless otherwise agreed between the parties, upon receipt of an Order, you will pay the Price when prompted to do so on our website.
- We reserve the right to change the Price if a variation to an Order or any quotation is requested by you.
- We may, in our absolute discretion, require you to pay a non-refundable deposit in respect of any Order. The amount and time for payment of any such deposit will be stipulated in the invoice relating to the Order.
- The Price must be paid by you at the time of placing the Order, or, if agreed between the parties, on the date stipulated in the invoice relating to the Order.
- Payment may be made by credit or debit card or by any other method as agreed to between the parties from time to time.
- Unless otherwise stated the Price includes GST.
- Prices advertised on our website may not apply to deliveries to Northern Territory and we reserve the right to review the Price of any Order to ensure our compliance with the Northern Territory minimum sale price, as prescribed in the Liquor Act 1978 (NT.)
- Each Order must:
- Specify the Goods which you wish to purchase from us;
- Specify the quantity of the Goods required.
Acceptance and filling of Orders
- Any Order may be accepted or rejected by us in our absolute discretion.
- We will make reasonable endeavours to complete your Order, however we do not guarantee that the Goods requested by you will be available.
- If the Goods you request are unavailable:
- we may offer a replacement goods of equivalent value and quality; or
- you may cancel the Order and we will refund any money you have paid to us for that Order.
Representations of Goods
- Pictures of goods advertised on our website are for illustrative purposes only and should not be relied upon.
- Unless otherwise agreed by the Parties, on the basis that the Goods can be delivered to the Delivery Address on the Delivery Date, we will insure the Goods for their replacement value until Delivery.
- Risk of damage to or loss of the Goods passes to you from the time that the Goods are delivered to the Delivery Address.
- If you request us to deliver the Goods and leave the Goods outside the Delivery Address or to deliver the Goods to an unattended location, then such Goods shall be left at your sole risk.
Delivery of Goods
- You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery.
- At our sole discretion, the cost of Delivery is either included in the Price or is in addition to the Price.
- In the event that you are unable to take delivery of the Goods, or we attempt to but are unable to make Delivery as arranged, then we shall be entitled to charge a reasonable fee for redelivery and/or storage.
- We may in our sole discretion deliver the Goods in separate instalments.
- If an Order is placed with us before 2:00pm on a Business Day, then we will endeavour to deliver Orders:
- For Orders where the Delivery Address is within the Brisbane area, within two to three Business Days;
- For Orders where the Delivery Address is within the Sydney or Melbourne area, within three to four Business Days;
- Each Order must:
- For orders where the Delivery Address is outside of the above areas, in accordance with the appointed delivery agent’s timeframes.
- If you require delivery outside of our standard delivery times, we reserve the right to charge an urgent handling fee. Any such urgent handling fee will be determined by us acting reasonably and will depend on the required delivery time, size of the Order, location of the Delivery Address and any other relevant considerations specific to your Order.
- Any time or date given by us to you is an estimate only. You must accept delivery of the Goods even if late and we will not be liable for any loss or damage incurred by you a result of the delivery being late.
- The parties agree that ownership of the Goods shall not pass until you have paid to us the Price owing to us.
- Receipt by us of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
- You acknowledge and agree that any trademarks, logos or copyright materials which appear on our website or other promotional material delivered to you by us are owned by or licensed to us and that you must not do anything to prejudice our rights or those of the owner in relation to those trademarks, logos or copyright materials.
Defects, Warranties and Liability
- You must notify us in writing within twenty-four (24) hours of Delivery of any evident defect/damage, shortage in quantity, or failure to comply with Order. You must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification you must allow us to inspect the Goods, if reasonably required by us.
- Subject to this clause 13, returns will only be accepted provided that:
- you have complied with the provisions of clause 13.a;
- we have agreed that the Goods are defective;
- the Goods are returned within a reasonable time at your cost (if that cost is not significant); and
- the Goods are returned in as close a condition to that in which they were delivered as is possible.
- Under applicable State, Territory and Commonwealth Law certain statutory implied guarantees and warranties may be implied into these terms and conditions (Non-Excluded Guarantees). Nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, we make no warranty or other representation under these terms and conditions including, but not limited to, the quality or suitability of the Goods.
- Goods purchased by you from us are used by you at your own risk. To the fullest extent permitted by law, we will not be liable for any loss, damage to property, personal injury or death arising from or in connection with use of any Goods by you or any third party.
- To the fullest extent permitted by law, you agree that our liability arising from or in connection with any breach of express or implied warranty is limited to:
- replacement of the Goods or supply of Goods of equivalent value and quality; or
- payment of the cost of replacing the Goods or acquiring goods of equivalent value and quality.
- Notwithstanding clauses a to 13.b but subject to the Competition and Consumer Act 2010 (Cth), we are not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
- you failing to properly maintain or store any Goods;
- you using the Goods for any purpose other than that for which they were designed;
- you continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
- you failing to follow any instructions or guidelines provided by us or the manufacturer; and/or
- fair wear and tear, any accident, or act of God.
Default and Consequences of Default
- You are in breach of these terms and conditions if you fail to pay any amounts owing to us pursuant to an Order.
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at our sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
- You shall indemnify us from and against all costs and disbursements incurred by us in recovering a debt from you (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, our collection agency costs, and bank dishonour fees).
- Without prejudice to any other remedies we may have, if at any time you are in breach of these terms and conditions we may suspend or terminate the supply of Goods to you. We will not be liable to you for any loss or damage you suffer because we have exercised our rights under this clause.
- Without prejudice to our other remedies at law, we are be entitled to cancel all or any part of any Order of yours which remains unfulfilled and all amounts owing to us shall, whether or not due for payment, become immediately payable if:
- any money payable to us becomes overdue, or in our opinion you will be unable to make a payment when it falls due;
- you become insolvent, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of your creditors (other than as specified in the amendments to the Corporations Act 2001 (Cth) enacted by Part 2 of the Treasury Law Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth)); or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of yours.
- We may cancel any Order to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to you. On giving such notice we shall repay to you any money paid by you for the Goods. We are not be liable for any loss or damage whatsoever arising from such cancellation.
- If you cancel delivery of Goods you may be liable for any costs incurred by us as a result of the cancellation (including, but not limited to, administrative and delivery costs).
- Cancellation of orders for Goods made to your specifications, or for items not contained on the stock list, will not be accepted once production has commenced, or an order has been placed.
Privacy and Personal Information
- The personal information we collect from you generally includes your name, address, telephone number/s, email address and information required for processing and payment of an Order. We may also collect information from you concerning beverage type preferences or other related products.
- We collect your personal information through a range of sources including the membership form completed to become a member, information provided over the telephone to our customer service team, surveys completed by you, and at events and functions.
- We use your personal information to provide products and services. We may send to you such promotional material as we consider relevant to you from time to time.
- You agree to accept such promotional material from us and may elect to stop receiving promotional material by notifying us.
- These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and each party submits to the non-exclusive jurisdiction of the courts in that State.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- We may amend these terms and conditions at any time. If we make a change to these terms and conditions, then that change will take effect from the date on which they are published on our website. The version of terms and conditions in force at the time of placing an Order will continue to apply to that Order until the Order is complete.
- Subject to clause 13, we are under no liability whatsoever to you for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by you arising out of a breach by us of these terms and conditions (alternatively our liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods included in the Order).
- You are not entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to you by us nor to withhold payment of any invoice because part of that invoice is in dispute.
- We may license or sub-contract all or any part of our rights and obligations without your consent.
- These terms and conditions shall prevail to the extent of any inconsistency with any other document or agreement between the parties.
- These terms and conditions constitute the entire agreement between the parties and supersedes all prior negotiations, agreements or representations.