Wine Empire - Terms & Conditions
This Agreement is a contract between "You", the consumer and The Wine Empire Pty Ltd, ABN 56 124 161 655, trading as The Wine Empire, ("The Wine Empire") licence number LIQP770010175.
Note: Persons under 18 years of age are not permitted to place orders or purchase alcohol.
This agreement sets out the terms and conditions under which you may purchase goods online from The Wine Empire.
By completing the customer application process and engaging The Wine Empire service, You agree to be bound by the terms and conditions of this Agreement.
Please read the following terms and conditions carefully before placing your order via The Wine Empire’s online ordering system.
Contents
- Interpretation
- The Agreement
- Customer Application
- Purchase orders and delivery of goods
- Price of goods and payment
- Risk and title
- Packaging and labeling of goods
- License
- Out of stocks and sunstitution
- Intellectual property rights
- Security
- Liability
- Notification of changes
- Confidentiality of your information
- Termination
- Notices
- Miscellaneous
1. INTERPRETATION
In these Conditions:
"Agreement" means an agreement between You (the consumer) and The Wine Empire to supply Goods. The Agreement consists of the Order and these Conditions.
"Conditions" means these Conditions and any agreed written variations.
"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.
"Delivery Fee" means the fee payable to The Wine Empire in respect of delivery of the Goods and handling costs associated with processing your order, as advised by The Wine Empire
"Goods" means Goods described in an Order and includes packaging.
"Intellectual Property Rights" Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
"Order" means an order by You to purchase Goods from The Wine Empire.
"Product List" means the list of Goods displayed on The Wine Empire website as amended from time to time.
2. THE AGREEMENT
2.1 What is the Agreement?
The entire agreement between You and The Wine Empire for the purchase of Goods by You from The Wine Empire is:
(a) these Conditions; and (b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between You and The Wine Empire once The Wine Empire receives and accepts an order at its licensed premises. The Wine Empire is not obliged to sell or supply You with any Goods until the order is received and accepted at licensed premises. The Wine Empire is authorized to unconditionally appropriate the liquor to the order at the licensed premises on acceptance of the Order.
2.3 Each Order received by The Wine Empire will be treated as a separate agreement.
2.4 Account set-off terms,
If You owe monies to The Wine Empire under one order/agreement, The Wine Empire may offset those monies against any monies that You owe to The Wine Empire under another agreement. If The Wine Empire owes monies to You under one agreement, it may set-off that money against any monies that it owes You under another agreement.
3. CUSTOMER APPLICATION
3.1 Application to be completed
You must complete a customer application form online prior to placing an Order via The Wine Empire’s online ordering system. You authorise that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform The Wine Empire if there is any change to this information or data.
3.2 Set up costs
You are responsible for any costs associated with accessing the The Wine Empire site and placing orders via The Wine Empire’s online ordering system, including any Internet service provider fees.
3.3 Delivery area
The Wine Empire’s delivery service is restricted to a particular area. Goods cannot be delivered to an address outside this area. The Wine Empire will advise You if the Delivery Address You nominate is not within the boundaries of its nominated delivery area. The Wine Empire will not be obliged to continue to deliver Goods to You if You change Your Delivery Address and the new Delivery Address You nominate is not within The Wine Empire’s delivery boundaries.
4. PURCHASE ORDERS AND DELIVERY OF GOODS
4.1 Orders
All orders submitted via The Wine Empire website are at the discretion of The Wine Empire management.
4.2 Delivery of the Goods
The Wine Empire will deliver the Goods to You at the Delivery Address nominated, during authorized licensed trading hours. Goods may be delivered without a receipt should You provide such written authorisation via fax or email. The Wine Empire, and all couriers, delivery companies acting for and behalf of The Wine Empire, will take due care and reasonable precautions to ensure the Order is delivered correctly and in good condition. The Wine Empire will take no responsibility for incorrect delivery details provided by You or any liability for goods not received at the delivery address upon correct receipt of delivered Order. The Wine Empire will take no responsibility for incorrect delivery details provided by You or any liability for goods not received at the delivery address upon correct receipt of delivered Order.
4.3 Authorized receipt of Goods
Anyone present at the Delivery Address nominated may receive the Goods and shall be presumed by The Wine Empire to be authorized to do so. The Goods will not be delivered to persons under the age of eighteen (18) years of age. The Wine Empire may request proof of age from the person who receives the Goods at the Delivery Address nominated, and may request he/she signs their name as confirmation of receipt the Goods. The Wine Empire, and all couriers and delivery companies acting for and behalf of The Wine Empire, will refuse to deliver the Goods to anyone unable or unwilling to provide evidence of proof of age. If the Order specifies special instructions for delivery, The Wine Empire, and all couriers and delivery companies acting for and behalf of The Wine Empire, will adhere to those specific instructions to its best, within legal and ethical bounds. The Wine Empire accepts no responsibility for incorrect delivery of goods due to unlawful use of credit card payment details. It is the Purchaser’s (You) responsibility to keep credit details and pass-codes private and confidential to prevent any unlawful use.
4.4 Change of Delivery address.
If You fail to notify The Wine Empire of changes to the nominated delivery address, The Wine Empire will not be responsible for incorrect delivery of Goods. You will be liable for all delivery costs.
4.5 Delivery Time Frames.
All delivery time frames quoted on The Wine Empire web site are a guide only and actual delivery times may vary. While we will undertake to deliver the Goods in a prompt and timely manner, The Wine Empire takes no responsibility for delays caused by its suppliers. By ordering via this website You acknowledge that the risk of an order not being delivered within the time frame quoted, exists.
5.PRICE OF GOODS AND PAYMENT
5.1 Price of Goods
Subject to clause 5.2 the price You shall pay for the Goods shall be the price specified on the Product List. You also agree to pay the Delivery and Handling Fee relating to each Order.
5.2 Variation
The Wine Empire's prices are subject to variation on a daily basis. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered i.e. once The Wine Empire receives and accepts the order at its licensed premises
5.3 Method of payment
(a) You shall pay for the Goods at the time of submitting your online order. The Wine Empire accepts Bankcard, MasterCard, Visa card, American Express and Diner's Club. The Wine Empire does not accept cash payment for a Goods order.
(b) You may make an application to The Wine Empire for a corporate customer account. Upon acceptance of your application You will be required to sign additional terms and conditions, which will include details of acceptable payment methods.
6. RISK AND TITLE
6.1 Risk and Title
Risk in the Goods is transferred to You upon delivery of the Goods to the nominated Delivery Address.
6.2 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods purchased, You may call The Wine Empire Customer Service Line on (02) 9317 3779 or email sales@wineempire.com.au and a representative if The Wine Empire will assess Your request for a credit, replacement or refund of Goods purchased, whether they be damaged or an incorrect product.
7. PACKAGING AND LABELLING OF GOODS
The Wine Empire will include up-to-date images of its wine selections in its online Product List, where possible. At times, the images may differ from the Goods actually supplied to You. The Wine Empire does not guarantee the accuracy of the information contained in the Product List and recommends that You read the labels on all Goods carefully before consumption. All information, labeling, text, graphics, pictures, logos, and any other form of advertising including bottles and company logos, are deemed publicly available and are available to consumers from product bottle descriptions and merchandise readily available upon purchase of the respective product. The Wine Empire does not accept liability for incorrect information or picture graphics supplied nor does it represent the companies or distribution companies associated.
8. LICENCE
You are licensed to install The Wine Empire’s online facility on your computer for use in purchasing Goods from The Wine Empire. You acknowledge that you are not permitted to make any other use of, or copyright information, text, or graphics from The Wine Empire unless given prior written authorisation by The Wine Empire.
9. OUT OF STOCKS AND SUBSTITUTION
9.1 No credits.
The Wine Empire will not provide credits in respect of Goods ordered by You.
9.2 Substitution policy
The Wine Empire endeavor to ensure that all Goods ordered by You (and any agreed substitutes) are supplied to You. In the event that Goods ordered by You are not available The Wine Empire will, whenever possible, offer you a comparable product at equal or greater value.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 You acknowledge that The Wine Empire and its related companies own, or are licensed to use, all Intellectual Property Rights in The Wine Empire (including, but not limited to, any images, photographs or text, which appear on the site). You agree that You will make no representation to the contrary, and that You must not use or copy The Wine Empire in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
You agree to indemnify The Wine Empire and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all legal fees) that may arise from your submissions, and from your unauthorized use of material obtained through The Wine Empire, from your breach of this Policy, or from any such acts arising through your use of The Wine Empire.
10.2 You acknowledge that any trademarks or logos which appear on The Wine Empire website are owned by or licensed to The Wine Empire or its related corporations, and that You will not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
11. SECURITY
You agree to take responsibility for the safekeeping of your credit details and any associated security or pin codes. You will remain liable if any unauthorised person(s) uses your Credit Card and pass codes. You agree to release and indemnify The Wine Empire in relation to any liability arising out of the unauthorised use of your credit card and pass codes.
12. LIABILITY
12.1 You acknowledge that The Wine Empire is provided as an "as is site" and that The Wine Empire is not making and has not made any warranty or representation as to The Wine Empire's suitability for any particular purpose. You agree that in using The Wine Empire, You are not relying on any statement or representation made by The Wine Empire that is not expressly contained in this Agreement.
12.2 You agree that any liability of The Wine Empire, arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of The Wine Empire (other than a condition or warranty implied by legislation which does not permit The Wine Empire 's suitability to be limited as stated in this clause 11.2) will, at the election of The Wine Empire be limited to:
(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
12.3 You agree that any risk arising out of installation, downloading, use or performance of The Wine Empire’s online ordering facility remains with You. To the extent permitted by law, You release and discharge The Wine Empire and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with The Wine Empire or this Agreement, including, without limitation, loss or damage caused by the negligence of The Wine Empire or its related corporations.
13. NOTIFICATION OF CHANGES
The Wine Empire may alter any of the terms of this Agreement without notice. Your use of the The Wine Empire services will be bound by the Terms and Conditions, prices, and other information present on the date of your use.
14. CONFIDENTIALITY OF YOUR INFORMATION
The Wine Empire reserves the right to disclose information regarding any of its members and use of The Wine Empire’s service, to third parties, providing the information will not specifically identify You or any personal information supplied by You.
The Wine Empire also reserves the right to disclose information regarding any of its members and use of The Wine Empire’s service, including personal information, if it deems it necessary to comply with law or to protect the rights and property of The Wine Empire or others.
15. TERMINATION
The Wine Empire may terminate this Agreement at any time by delivering notice (as specified in clause 16) or by sending You an email system message advising that your shopping privileges have been removed. If this occurs, please contact The Wine Empire Customer Service Line on (02) 9317 3779. Termination of this Agreement shall be effective on the day the notice is received and recorded, or such later date as specified in the notice.
16. NOTICES
The Wine Empire may give You notice by email or regular post to the address You have supplied in the membership registration information. You may give notice to The Wine Empire by email to sales@wineempire.com.au
17. MISCELLANEOUS
17.1 Provisions are severable.
Each provision of this Agreement (including these Conditions) is severable. Severance does not affect any other provisions.
17.2 The operations of The Wine Empire fall under New South Wales Liquor Law.