The terms of the Sale of Goods (Vienna Convention) Act 1988 are excluded from these terms and conditions.
AWD may vary these terms and conditions at any time (including without limitation by varying the Delivery Fee), by posting amended terms on this website. The amended terms will automatically apply from the date of posting.
| 1 |
ORDERING |
| 1.1 |
You may order Products from AWD via this website by complying with the directions on our website. Your order of Products will constitute an offer by you to purchase the Products from AWD for the prices displayed on the website on the terms of this agreement. AWD may accept your order by sending you an invoice by Electronic Communication. Once your order has been accepted by AWD you cannot cancel or withdraw it without AWD's written consent. |
| 1.2 |
If you reside in Australia, by placing an order you warrant that you are at least 18 years of age. |
| 1.3 |
If you reside in a Territory other than Australia, by placing an order you warrant that you are lawfully entitled to purchase and consume the Products in the relevant Territory. |
| 1.4 |
AWD will use every effort to ensure that all Products you order via this website are supplied to you. However, as the Products are sourced from third parties, you agree that AWD is not liable if the Products you order are not readily available in stock. If the Products are not readily available in stock, AWD will offer you a comparable Product of equal value. |
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| 2 |
PRICE AND PAYMENT |
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You purchase the selected Products for the prices displayed on this website. At the time of placing your order, you must pay: |
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(a) the price of the Product displayed on the website; and |
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(b) the Delivery Fee |
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(c) the import duties and taxes relevant to your country. |
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by credit or debit card via the payment system on the website in the currency applicable in the Territory in which you reside. You must make this payment without demand, set off, counterclaim, withholding or deduction.
Once your credit or debit card has been charged for the price of the Products you must not seek to charge back your payment to AWD under any circumstances. |
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| 3 |
DELIVERY OF PRODUCTS PURCHASED VIA WEBSITE |
| 3.1 |
Products purchased via this website are only delivered to the Territories. Accordingly, if you cannot take delivery of the Products within the Territories you must not order Products via this website. |
| 3.2 |
AWD will use its reasonable endeavours to deliver the Products within 10 Business Days of the date you place your order via the website. However, any delivery date is approximate only and (to the extent permitted by law) AWD will not be liable to you for failure to supply the Product on the delivery date on any grounds whatsoever. |
| 3.3 |
You authorise AWD to deliver the Products to anyone at the Delivery Address. AWD may request that the person who received the Products at the Delivery Address provides evidence satisfactory to AWD of that person's age. AWD will refuse to deliver the Products to a person at the Delivery Address if the person is under 18 years of age (or the legal drinking age in the relevant Territory) or refuses to provide proof of age. |
| 3.4 |
If there is no-one at the Delivery Address to receive the Products or no-one of the appropriate age to receive the Products, AWD will charge you an Additional Delivery Fee. |
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| 4 |
RISK AND TITLE |
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4.1 Risk and title in the Products passes to you on delivery of the Products to the Delivery Address. |
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| 5 |
CANCELLATION AND RETURNS |
| 5.1 |
If you purchase Products via this website and those Products are not your personal preference, AWD is sorry. However, AWD will not give you a refund or allow you to exchange Products unless those Products are faulty. |
| 5.2 |
Without limiting your statutory rights under Australian law, if Products you order are faulty (for example, a Product is corked, tainted or oxidised) AWD will replace the Product. To obtain a replacement Product please email us at returns@australianwinedeals.com.au and include full details of the fault in the Product. |
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| 6 |
USE OF WEBSITE |
| 6.1 |
If AWD issues you with a pin or a password you agree to take responsibility for that pin or password and keep it secret, safe and secure. If a person other than you uses your pin or password, you are liable for their acts or omissions as if they were your own acts or omissions. |
| 6.2 |
You must comply with all laws in connection with your use of this website and the purchase of the Products. |
| 6.3 |
You must not do any of the following: |
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(a) purchase any Products via this website if you are under 18 years of age or if you are not permitted to purchase alcohol in the Territory in which you are located; |
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(b) data mine or conduct automated searches on this website; |
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(c) transmit any virus, Trojan horse, worm, time bomb, cancelbot, easter egg or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through this website; |
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(d) use this website or any information made available through this website to send unsolicited emails or other messages without our consent; |
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(e) use any robot, spider, other automatic device or manual process to monitor or copy any part of the website; |
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(f) use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any transaction being conducted on this website; |
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(g) take any action that imposes an unreasonable or disproportionally large load on this website infrastructure; |
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(h) incorporate any of the content on this website with any other material, including advertising or promotional material; |
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(i) create http links from this website to any other website on the internet or frame or mirror this website; or |
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(j) tamper with or make unauthorised modifications to this website or the content of this website. |
| 6.4 |
You must not leave any Contributions on this website that are false, inaccurate, misleading, defamatory, trade libellous, obscene, indecent, inflammatory, threatening or harassing. In addition, you must not take any action to undermine the integrity of the feedback system. If you do leave Contributions on this website you grant AWD a non exclusive, worldwide, perpetual, irrevocable, worldwide, royalty free, sub licensable (through multiple tiers) right to exercise the copyright and other intellectual property rights in connection with your Contributions. |
| 6.5 |
AWD reserves the right to edit or delete any Contributions posted on this website. |
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| 7 |
PRIVACY |
| 7.1 |
AWD needs to collect certain Personal Information from you in order for you to purchase Products via this website. You consent to AWD collecting this Personal Information from you for the above purpose. AWD will only use and disclose your Personal Information in accordance with its Privacy Policy. You agree to comply with AWD's Privacy Policy. You acknowledge that you have read AWD's Privacy Policy. AWD may vary the Privacy Policy at any time. |
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| 8 |
DISCLAIMERS |
| 8.1 |
Information made available via this website
Information made available via this website is submitted by a range of different parties. For example, Wine Producers make information available on this website. AWD does not control, endorse, check or approve information made available via this website. Additionally, information made available via this website is not necessarily the most recent or up to date information. For various reasons, substantial delays may occur before the website is updated. Accordingly, AWD warns you that information made available via this website may be illegal, false, inaccurate, misleading, harmful or offensive and you accept this risk. Additionally, be aware that some pictures on the website are for illustrative purposes only. AWD does not warrant that any pictures on the website accurately depict the Products or the relevant vineyard or winery. |
| 8.2 |
Links to other websites
AWD is not responsible for the content of any linked site. AWD provides links to third party websites merely as a convenience for you and the inclusion of such a link does not imply any endorsement of such linked site by AWD or any relationship between AWD and the owners or operators of the linked site. |
| 8.3 |
System Related Losses and Access Issues
AWD warns you that access to this website may be interfered with or affected by numerous factors, many of which are outside our control (including, without limitation, malfunction in equipment or software, internet access difficulties or delay or failure in transmission). Accordingly, AWD does not warrant that the website or your access to the website will be continuous, uninterrupted, timely, secure, fault free or virus free. You should ensure your computer software and systems are protected against viruses and any other damage they might sustain as a result of using this website. |
| 8.4 |
GST
Unless otherwise stated on this website, all prices of the Products are exclusive of goods and services tax. If AWD has any liability for GST in connection with your purchase of the Products, you must pay AWD the full amount of the GST at the same time as making the payment to which the GST relates. In respect of any such payment, AWD will provide you with a tax invoice to allow you to claim an input tax credit. |
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| 9 |
OUR LIABILITY TO YOU |
| 9.1 |
No Warranty
You use this website and purchase Products via the website at your own risk.
To the extent permitted by law, this website is provided to you on an “as is” and “as available” basis without warranty of any kind express or implied.
To the extent permitted by law, AWD and its Employees and Agents exclude all express or implied warranties under statute or general law in connection with this website, the Products and any associated services, such as transport and delivery services. Where such warranties cannot be excluded AWD’s liability for breach of any express or implied warranties is limited to: |
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(a) in relation to the Products, the replacement of the Product; and |
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(b) in relation to any services provided, the re-supply of the services or the payment of the cost of having the services supplied again (the choice of which is to be at AWD’s sole discretion). |
| 9.2 |
Release
To the extent permitted by law, you release AWD and its Employees and Agents from all liabilities, actions, costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by you in connection with this website or your purchase of the Products via the website, however caused. |
| 9.3 |
No Consequential Loss
AWD will not be liable to you for any special, indirect, consequential or economic loss or damage of any nature. |
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| 10 |
YOUR LIABILITY TO US |
| 10.1 |
You are liable for and indemnify AWD and its Employees and Agents against all actions, demands, loss or damage incurred or suffered by us in connection with your use of this website or your breach of these terms and conditions. |
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| 11 |
OWNERSHIP OF CONTENT |
| 11.1 |
AWD owns or is a licensee of all copyright and other intellectual property in this website and its content (including, without limitation all information, text, graphic, software, advertisements and trademarks (if any) on this website (the "Content")). You must not modify, copy, reproduce, republish, frame, create derivative works, upload to a third party, post, transmit or distribute the Content in any way except with AWD's written consent. You may view this website using your web browser and save an electronic copy or print out a copy of parts of this website solely for your information, research or study but only if you keep all Content intact and in the same form as presented on the website. |
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| 12 |
ENTIRE AGREEMENT |
| 12.1 |
You agree that these terms are the complete and exclusive statement of the agreement between you and AWD and these terms supersede all proposals, representations, communications or prior agreements (whether oral or written) relating to the subject matter of these terms. |
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| 13 |
RESERVATION OF RIGHTS
AWD reserves the right to revise the content of, amend links or withdraw your access to the website at any time without notice to you. |
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| 14 |
INTERPRETATION |
| 14.1 |
In these terms and conditions, unless the context otherwise requires, |
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Additional Delivery Fee means an additional delivery fee where AWD has had to deliver the Products twice under clause 3.4. |
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Contributions means all information, reviews, comments, tasting notes, data and other material posted by you on this website or otherwise provided by you to AWD; |
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Case means one case of Product consisting of 9 litres of wine in bottle sizes accepted as being a standard size in the Australian wine industry; |
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Delivery Address means the address you specify as the delivery address for the Products at the time of placing your order for the Products. |
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Delivery Fee means the fee charged by AWD for delivery of the Products (as varied from time to time); |
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Electronic Communication has the same meaning as in the Electronic Transactions Act 1999 (Cth). |
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Employees and Agents means employees, subcontractors and agents; |
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Personal Information has the same meaning as in the Privacy Act 1988 (Cth); |
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Products means wine and any other products advertised and/or sold via this website; |
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Privacy Policy means the AWD privacy policy located on this website as varied from time to time; |
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Wine Producer means a person who sells Products via the website; and |
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Territories means United States of America, United Kingdom, Canada, Ireland and Australia as varied from time to time. |
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