WICKHAM HILL WINERY
WEBSITE TERMS & CONDITIONS
1 OCTOBER 2015
1. WICKHAM HILL WINERY
1.1 Wickham Hill Winery is pleased to provide you with access to the website owned and operated by Wickham Hill Winery Pty Ltd (ACN 154 580 159) located at http://wickhamhill.com.au/ (the Wickham Hill Winery Website) on these terms and conditions.
1.2 By accessing or using the Wickham Hill Winery Website, you agree to be bound by these terms and conditions of use as amended from time to time, and represent and warrant to Wickham Hill Winery that you are at least 18 years of age. If you do not agree to these terms and conditions, you may not use the Wickham Hill Winery Website.
1.3 Under the Liquor Act 2007 (NSW), Victoria Liquor Control Reform Act 1998 (VIC), Liquor Act 1992 (QLD), Liquor Licensing Act 1997 (SA), Liquor Act 2010 (ACT), Liquor Act (NT), Liquor Licensing Act 1990 (TAS) and the Liquor Control Act 1988 (WA), it is an offence for a licensee of licensed premises or any other person to sell or supply liquor to a person under the age of 18 years on licensed premises or elsewhere. Your contract of sale is with Wickham Hill Winery as the liquor is sold from our website. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the above mentioned licensed premises.
2. MATERIAL ON THE WICKHAM HILL WINERY WEBSITE
2.1 Wickham Hill Winery may publish or make available on the Wickham Hill Winery Website information, advertisements, product and service offers, wine data, wine valuations, software and links supplied by Wickham Hill Winery and third parties (Material). While Wickham Hill Winery takes care to ensure that Material on the Wickham Hill Winery Website is correct, current and free from errors, Wickham Hill Winery does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of:
(a) any Material published on the Wickham Hill Winery Website;
(b) any Material published on any web site that links from the Wickham Hill
Winery Website; or
(c) any information received by you as a result of using the Wickham Hill
2.2 Wickham Hill Winery does not provide any warranty in relation to any goods or services advertised for sale on the Wickham Hill Winery Website by third parties.
3. CHANGES TO THESE TERMS AND CONDITIONS
3.1 Wickham Hill Winery may, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including these terms and such modifications will be binding upon you once displayed on this web site.
You should regularly check the terms and conditions displayed on this web site.
3.2 Wickham Hill Winery may cease to provide you with access to the Wickham Hill Winery Website or any of its services without notice.
3.3 All rights not expressly granted are reserved.
4. PERSONAL AND NON COMMERCIAL USE ONLY
4.1 The Wickham Hill Winery Website is for your personal and non-commercial use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use, you must not:
(a) modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
(b) use or attempt to use any Material published on the Wickham Hill Winery Website to create any website or publication;
(c) mirror or frame any website or page within the Wickham Hill Winery Website;
(d) use any automated process of any sort to query, access or copy any Material on the Wickham Hill Winery Website or generate or compile any document or database based on the Material published on the Wickham Hill Winery Website; or
(e) transfer or sell any information, functionality or products or services offered on the Wickham Hill Winery Website without the written approval of Wickham Hill Winery.
4.2 Wickham Hill Winery may terminate your right to access and use the Wickham Hill Winery Website at any time if you breach these terms and conditions. You may cease to use the Wickham Hill Winery Website at any time in your absolute discretion.
5. YOUR RESPONSIBILITY
5.1 The Material made available on the Wickham Hill Winery Website is provided as general information only. Wickham Hill Winery does not warrant that the Material is professional, expert or other advice or that they are a substitute for such advice.
(a) may not be appropriate, correct or sufficient for your circumstances;
(b) should not be relied on as the only reason you do or don’t do anything;
(c) may not be continually accessible or free from errors or viruses.
5.2 If Wickham Hill Winery suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to pay Wickham Hill Winery the amount of any such loss, damage and costs, including any consequential loss which a Court of a competent jurisdiction deems to be consequential to your breach of these terms and conditions.
6. ORDERING VIA WEBSITE OR PHONE
6.1 When placing an order with Wickham Hill Winery online or by telephone, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you verify that you are 18 years of age or over. If you do not confirm that you are 18 years or over, your order will not be processed.
7. WEBSITE CONTENT
7.1 The materials (including all software) and services at this site are provided “as is” without warranties of any kind.
7.2 Wickham Hill Winery obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.
7.3 Wickham Hill Winery may make changes to the materials and services at this website, or to the products and services described in them, at any time without notice. The materials and services at this website may be out of date, and whilst Wickham Hill Winery will use its best endeavours to keep all material current, Wickham Hill Winery makes no representation, warranty, undertaking or otherwise to update the materials and services at this website.
7.4 Information published at this Site may refer to products, programs or services that are not available in your country. Please consult Wickham Hill Winery for information regarding the products and services that may be available to you prior to making any purchase application. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
8. LIABILITY DISCLAIMER
8.1 The website is provided by Wickham Hill Winery in good faith but Wickham Hill Winery does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the full extent permitted by law.
8.2 The contents of the website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
8.3 To the extent permitted by law, Wickham Hill Winery hereby disclaims all liability, howsoever arising, in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.
9. LIMITATION OF LIABILITY
9.1 To the full extent permitted by law, neither Wickham Hill Winery nor you will be responsible for any losses that were not foreseeable to both parties at the time of entry into these terms and conditions or for any loss of profits, loss of revenue or loss of savings, however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).
9.2 The Competition and Consumer Act 2010 (Cth) the Australian Consumer Law and the applicable State and Territory Fair Trading Legislation may imply warranties or conditions or impose obligations upon Wickham Hill Winery which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent.
9.3 These terms and conditions must be read subject to the above mentioned statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in these terms and conditions and to the extent to which Wickham Hill Winery is entitled to do so, Wickham Hill Winery limits its liability in respect of any claim under those provisions to:
(a) in the case of goods, at Wickham Hill Winery’s option:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services, at Wickham Hill Winery’s option:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
9.4 Other than as set out above, Wickham Hill Winery will not be responsible for any claims arising out of or in connection with your access to and use of the Wickham Hill Winery Website and related services whether arising in contract, tort, indemnity, strict liability, breach of warranty or statute.
9.5 For the purposes of this section, the term Wickham Hill Winery will mean Wickham Hill Winery and its officers, employees, contractors and agents, whether jointly or severally.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Wickham Hill Winery Website is owned and operated by Wickham Hill Winery. You acknowledge and agree that all intellectual property rights comprised in or relating to the Wickham Hill Winery Website belong to Wickham Hill Winery or its licensors, and that nothing in these terms and conditions constitutes a transfer of any intellectual property rights.
10.2 You may download and view Wickham Hill Winery Website content, which may include, without limitation, text, graphics, icons, photographs and URLs (Content) and/or print a copy of material on the Wickham Hill Winery Website for your own use only, provided you do not:
(a) modify the Content in any way;
(b) make the Content public; or
(c) use the Content in a manner or for a purpose prohibited by these Terms and
11. CONTENT YOU SUPPLY
11.1 Wickham Hill Winery may provide you with the ability to communicate with Wickham Hill Winery, the Wickham Hill Winery Website, sellers, advertisers and other users of the Wickham Hill Winery Website, including through agreements, online forms, electronic requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
11.3 You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services should not be considered reviewed, screened, or approved by Wickham Hill Winery.
11.4 You must not do any of the following:
(a) transmit any information or material which is incorrect, misleading or deceptive;
(b) transmit any defamatory, infringing, obscene, indecent or unlawful information or material;
(c) use the Communications Services for any unlawful purpose;
(d) post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights;
(e) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
(f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(g) advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters via the Communications Services other than as approved by Wickham Hill Winery;
(h) download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions;
(i) excessively use the Communications Services in a manner which may hinder or prevent Wickham Hill Winery from providing services to any other persons or which may threaten the integrity or use by any person of the Wickham Hill Winery Website; or
(j) authorise, aid, abet encourage or incite any person to do any of the above acts.
11.5 You represent and warrant to Wickham Hill Winery that:
(a) you are fully authorised to publish and to authorise Wickham Hill Winery to publish all Content you submit to Wickham Hill Winery;
(b) publication of Content posted or submitted by you in accordance with these terms and conditions will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
(c) you have the ability to grant the Content licence granted above;
(d) all Content you post on the Wickham Hill Winery Website or submit to Wickham Hill Winery will, at all times, comply with all applicable laws, regulations and relevant industry codes;
(e) you have obtained the consent of all individuals whose personal information is included in the Content you post on the Wickham Hill Winery Website or submit to Wickham Hill Winery to the collection of that personal information by Wickham Hill Winery;
(g) all Content you post on the Wickham Hill Winery Website or submit to Wickham Hill Winery will be current and accurate, and will not mislead or deceive end users of the Wickham Hill Winery Website.
11.6 Wickham Hill Winery may, but has no obligation to, review the use of the Communications Services by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
13. BUYERS AND SELLERS AGREEMENTS
13.1 Specific additional terms and conditions apply to the purchase and sale of wine through the Wickham Hill Winery Website. Your acknowledgment of these terms and conditions is required to complete any transaction on this site. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
14. RESPONSIBLE SERVICE OF ALCOHOL
14.1 Under Australian laws, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By opening an account with Wickham Hill Winery and/or placing an order you are confirming to us that you are at least 18 years of age.
14.2 Wickham Hill Winery also recommends that alcohol only be consumed in moderation.
15. EMAIL A FRIEND
15.1 Where Wickham Hill Winery allows you to email a friend you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Wickham Hill Winery, its servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the Spam Act 2003 (Cth).
16. REGISTERING AT THE WICKHAM HILL WINERY WEBSITE
16.1 You must register your details on the Wickham Hill Winery Website to use the Services.
16.2 You must not register multiple times or use false or misleading information when registering or using our Services and you must update your details if they have changed since your last use of our Services. Wickham Hill Winery is not responsible for any loss or damage which you may suffer because you have not provided complete, accurate and up-to-date information.
16.3 When you register, you must choose your username and password. You must have a valid username and password before you can bid on and/or purchase wine via the Wickham Hill Winery Website. You are responsible for the security of your user name and password. We will assume that anyone using your username and password is authorised by you.
16.4 We may send notifications to you by email or SMS, including:
(a) order confirmations;
(b) special offers and marketing programs that you have opted in to;
(c) the status of any deliveries; and
(d) a copy of your invoice, if applicable.
16.5 We may also send push notifications to mobile applications.
16.6 We accept no responsibility for any loss or damage you suffer if you do not receive such notifications for any reason.
17. WINES NOT TO BE RESOLD
17.1 You acknowledge and confirm that all wine purchases are for private consumption and/or collection and are not purchased with the intention of resale.
17.2 You acknowledge and indemnify Wickham Hill Winery for any additional costs (e.g. Wine Equalisation Tax) incurred by Wickham Hill Winery should wine be resold, and agree to hold in trust all profits made from the resale of such wines.
18. WINES FOR SALE PURCHASES – YOUR OBLIGATIONS
18.1 You must pay the purchase price (including any GST) in full for any wine purchased together with any other applicable fees or charges (for example, goods and services tax, insurance and delivery charges).
18.2 You authorise us to debit your credit card or PayPal account for the total amount payable to us as a result of any purchases by you.
18.3 Our fulfilment processes are automated and as a result, orders cannot be amended, changed or cancelled.
19. SECURITY POLICY
19.1 In order to purchase goods you must provide valid credit card or debit card details.
20. CURRENCY & PRICING
20.1 Unless otherwise shown, all the prices listed on Wickham Hill Winery Website are displayed in Australian Dollars (AUD). If a product inadvertently appears on the Wickham Hill Winery Website at the wrong price, Wickham Hill Winery may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged. If your credit card was charged for the purchase and the order is cancelled, Wickham Hill Winery will notify you and issue a credit to your credit card account in the amount of the cancelled order.
21. VOUCHERS & CREDITS
21.1 From time to time Wickham Hill Winery may issue vouchers or credits for redemption against future purchases of wine.
21.2 Vouchers cannot be combined with any other voucher or credit.
21.3 Vouchers can only be redeemed on wines available that are listed as ‘Buy Now’ or ‘Deals’.
21.4 Where a voucher or credit is offered by Wickham Hill Winery as a registration/signup/joining offer for new members, then a member/person can only claim one of these registration/signup/joining credits or vouchers if they are not a current Wickham Hill Winery member and the member must be registering/signing up/joining Wickham Hill Winery for the first time. Additionally, only one registration voucher or credit may be claimed per household/delivery address. Where multiple Wickham Hill Winery accounts are set up in breach of this term, Wickham Hill Winery reserves the right to cancel the voucher or credit and to cancel any orders or bids placed, and to recover the value of the voucher or credit from the member where orders are unable to be cancelled prior to delivery.
21.5 Each voucher or credit may only be redeemed once per household/delivery address.
21.6 Wickham Hill Winery conducts regular audits of voucher and credit usage and reserves the right to recover amounts owing from customers who redeem more than one voucher or credit per household/delivery address/voucher promotion, or who are in breach of the terms attached to the particular voucher or credit or who obtain the voucher or credit through fraudulent or unauthorised channels or who set up multiple Wickham Hill Winery accounts in order to obtain multiple vouchersor credits.
21.7 Vouchers may not be used in conjunction with any other vouchers – strict limit of one voucher per order. Any terms and conditions on a voucher or credit apply and bind the holder of the voucher or credit. Vouchers and credits are non-transferable and may not be redeemed for cash. All vouchers and credits will have an expiry date, after which the voucher or credit will no longer be redeemable.
21.8 Vouchers must be used in a single transaction, any remaining amount not used in this transaction cannot be applied to subsequent purchases and no refund or credit for any unused amount will be provided. Voucher not transferrable for cash.
21.9 Where a Voucher has a minimum spend requirement, then the voucher can only be redeemed if the value of the products ordered exceed the voucher’s minimum spend requirement.
21.10 Vouchers and credits cannot be applied to orders retrospectively.
22. GIFT VOUCHERS
22.1 Gift vouchers may not be used in conjunction with any other vouchers or credits – strict limit of one gift voucher per order. Any terms and conditions on a gift voucher apply and bind the holder of the gift voucher. Gift vouchers are non-transferable and may not be redeemed for cash. All gift vouchers will have an expiry date, after which the gift voucher will no longer be redeemable.
22.2 Gift vouchers must be used in a single transaction, any remaining amount not used in this transaction cannot be applied to subsequent purchases and no refund or credit for any unused amount will be provided. Gift vouchers are not transferrable for cash.
22.3 Gift vouchers can only be redeemed on wines available that are listed as ‘Buy Now’ or ‘Deals’.
22.4 Gift vouchers cannot be applied to orders retrospectively.
23. DELIVERY POLICY
23.1 After ordering online, you will receive an email confirmation containing your order details (provided you have provided us with a valid email address). Depending on your location within Australia, the delivery time will vary between 2 and 10 business days. In outlying, flood-affected areas or during heat waves, the delivery may take a little longer.
23.2 Wine is normally delivered from Monday to Friday between 9.00am and 5.00pm. Most orders will be delivered to your door; however, in rural or remote areas Australia Post may deliver your wine to the nearest post office or delivery centre for collection. Some larger metro areas may have extended delivery windows of Monday to Friday 8:00am – 8:00pm and Saturday 8:00am – 5:00pm. The person collecting the must be 18 or over and able to present identification corresponding to the name of the consignee. If the order is not collected within 10 working days, it will be returned to Wickham Hill Winery and NO refund will be available.
23.3 In some cases, where the wine is being sent directly to you by the winery, the wine may be sent via a courier and, if you are not home, your order may be taken to the courier’s distribution centre for collection. The person collecting the wines from the Post Office must be 18 or over and able to present identification corresponding to the name of the consignee. If the order is not collected within 10 working days, it will be returned to Wickham Hill Winery and NO refund will be available.
23.4 A signature is required on all deliveries. If the recipient is not available at the time of delivery the courier will leave a note with a phone number you can call to alternative arrangements (collection or redelivery).
23.5 Wickham Hill Winery will not deliver wines to anyone less than 18 years of age. If there is any doubt about the age of the recipient on delivery, our delivery drivers are obliged to request some form of photographic ID. If that recipient is unable to produce appropriate ID then the delivery driver will be unable to leave the wine.
24. IMPORTANT NOTE ABOUT PARCEL LOCKER SERVICES
24.1 Please check with your Parcel Locker provider’s Terms & Conditions as alcohol may not be accepted. Returned orders will incur a re-delivery fee and cause delays in delivery time.
24.2 Wickham Hill Winery cannot be held responsible for deliveries to incorrect or incomplete addresses provided by customers. If delivery is being made to a business address, a company name must be entered. Business addresses that do not include a company name may be classed as incomplete. If the address is incorrect and the delivery is made, the customer assumes responsibility for the entire purchase. If the address is incorrect and/or the delivery is refused or unable to be completed, then the order will be returned to our distribution centre and additional handling costs plus freight charges will be applied to a request for redelivery.
If the address is incorrect and the delivery is refused or unable to be completed and the customer chooses no re-delivery then a handling charge and all applicable freight charges will be deducted from any refund made. To avoid these costs, we recommend that you double check your address details to ensure that all information provided is correct and in full.
24.3 Wickham Hill Winery will not deliver wine under any circumstances to any of the following “Dry Area Locations”:
(a) Aurukun Postcode – 4871
(b) Bamaga Postcode – 4876
(c) Cherbourg Postcode – 4605
(d) Doomadgee Postcode – 4830
(e) Hope Vale Postcode – 4895
(f) Injinoo Postcode – 4876
(g) Kowanyama Postcode – 4871
(h) Lockhart Postcode – 4871
(i) Mapoon Postcode – 4874
(j) Mornington Island Postcode – 4871
(k) Napranum Postcode – 4874
(l) New Mapoon Postcode – 4876
(m) Palm Island Postcode – 4816
(n) Pormpuraaw Postcode – 4871
(o) Seisia Postcode – 4876
(p) Umagico Postcode – 4876
(q) Woorabinda Postcode – 4713
(r) Wujal Wujal Postcode – 4895
(s) Yarrabah Postcode – 4871
25. AUTHORITY TO LEAVE
25.1 By selecting our “Authority to leave” option, or if you do not select our “Authority to leave” option but have an authority in place with your local delivery centre giving permission to leave articles at the address you nominate, then you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received.
25.2 Wickham Hill Winery, and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority to Leave delivery method. You agree to release Wickham Hill Winery from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any otherperson or entity as a result of this Authority to Leave.
25.3 Please note that under certain circumstances Wickham Hill Winery may not be able to leave your delivery as directed under an Authority to Leave request. In these instances, your complete order will be delivered to your nearest Australia Post Office for your collection.
26. REFUND POLICY / QUALITY GUARANTEE
26.1 In the instance that you are not satisfied with a wine purchased from Wickham Hill Winery (other than a wine marked as “Sold as is – no refunds or returns accepted”), then we are more than happy to provide you with a full refund for purchases of the relevant wine by you (excluding freight costs) provided you let us know that you are not satisfied with the wine within 30 days of buying the wine. In this instance, we will refund you in full (excluding freight costs) an amount equal to the value of your remaining unopened bottles plus one opened bottle only.
26.2 You will be required to return the remaining unopened bottles of the wine in question to Wickham Hill Winery Offices for a quality inspection, and you will assume responsibility of risk and all associated freight costs. All refunds are processed within 7 days of your notification or from the date that the remaining wines are returned to us.
26.3 If Wickham Hill Winery reasonably believes that you are abusing our Quality Guarantee, Wickham Hill Winery, in its sole and sbsolute discretion, reserves the right to suspend or cancel the Refund Policy / Quality Guarantee in relation to you, cancel any pending orders and/or close your account.
26.4 Please note that our Refund Policy / Quality Guarantee does not apply to goods that are marked as “Sold as is – no refunds or returns accepted”, or for wine that is from a vintage 5 years or more prior to the purchase year.
26.5 Risk of damage, loss or deterioration to any and all products passes to you, the buyer, upon delivery and therefore no refunds are offered for products that are damaged after delivery.
27.1 If you receive a case of wine with one or more broken bottles, please let us know within 2 Business Days of the date of delivery and Wickham Hill Winery will issue you with an account credit equal to the price paid by you for the broken bottles.
28. NO OTHER REFUNDS
28.1 Other than in the circumstances outlined above in Refund Policy / Quality Guarantee and Breakages, no returns will be accepted and no refunds will be made in respect of purchases you make via the Wickham Hill Winery Website.
29. MANUFACTURER’S LIABILITY
29.1 Subject to any rights you may have under any law, if an item purchased by you with an accompanying manufacturer’s warranty, Wickham Hill Winery will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty. It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty.
29.2 Whilst every care has been taken in respect of the information contained herein, no warranty is given as to the accuracy of the description of any manufacturers wine and you should rely on their own enquiries.
30. CHANGES TO ITEMS LISTED
30.1 We may withdraw and/or re-offer any item listed for sale on the Wickham Hill Winery Website if the item:
(a) becomes unavailable;
(b) is withdrawn by the manufacturer or supplier; or
(c) was incorrectly described or listed.
31. WICKHAM HILL WINERY’S LIABILITY
31.1 Wickham Hill Winery is not responsible for any bid not received, processed or accepted due to technical difficulties. To the extent permitted by law, we provide the Wickham Hill Winery Website and the Services without any express or implied warranty or condition regarding the performance of the Wickham Hill Winery Website. To the extent permitted by law, all express or implied conditions or warranties in connection with the any goods offered for sale on the Wickham Hill Winery Website are excluded.
31.2 To the full extent permitted by law, neither Wickham Hill Winery, its suppliers nor you will be responsible for any losses that were not foreseeable to both parties at the time of entry into these terms and conditions or for any loss of profits, loss of revenue or loss of savings, however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).
31.3 We do not guarantee continuous, uninterrupted or secure access to the Services.
31.4 Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon Wickham Hill Winery which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for purpose for which they were supplied to you. These terms and conditions must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in this Agreement and to the extent to which Wickham Hill Winery is entitled to do so, Wickham Hill
Winery limits its liability in respect of any claim under those provisions to:
(a) in the case of goods, at Wickham Hill Winery’s option:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; and
(b) in the case of services, at Wickham Hill Winery’s option:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
31.5 Other than as set out above, Wickham Hill Winery will not be responsible for any claims arising out of or in connection with your access to and use of the Wickham Hill Winery Website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.
31.6 For the purposes of this section, the term Wickham Hill Winery will mean Wickham Hill Winery and its officers, employees, contractors and agents, whether individually or collectively.
32. HANDLING OF WINE
32.1 Please note that a full case of wine weighs more than 16kg. Therefore, we recommend that our customers take extra care when lifting deliveries. If you are concerned at all about the weight, we suggest that you transfer the bottles one or two at a time.
33. GOVERNING LAW
33.1 This Agreement is governed by and construed in accordance with the laws of the State of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
34. RECOMMENDED RETAIL PRICES (RRP)
34.1 The RRP’s listed on our website are typically obtained directly from the winery and/or their agent. If RRP’s are not readily available from the supplier, we will extrapolate an RRP based on the wineries wholesale price plus the standard 35-40% retail mark-up. In instances where a wine is from a non-current vintage (e.g. OLD & RARE wines), we will use either the current RRP for that wine or base the RRP on prices that the wine has been or is being sold for by other Australian retailers. We pride ourselves in providing accurate RRP’s; if you believe an RRP to be inaccurate please tell us so we can investigate as a matter of priority.
35. CONTACT WICKHAM HILL WINERY
If you have a question, problem or complaint or need to contact us: