This website is operated by Partners in Wine WA ABN 87384491798. Available at: www.partnersinwinewa.com.au (the Site).
By accessing and/or using the Site you:
Agree that you have reviewed these Terms and Conditions (Terms);
confirm that you are over 18 years of age and you have the legal capacity to enter into a legally binding agreement with us; and
agree to use the Site in accordance with the Terms.
You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other charges and taxes) at the time you place your order.
We may, at our absolute discretion, accept or reject an order.
Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
When you order and pay on the Site and your payment has been validated, we will provide you with order details, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
Under Australian laws, alcohol can only be sold or supplied to persons aged 18 years or older. By placing an order with us, you confirm that you are at least 18 years old. You agree that it is your responsibility to consume alcohol in accordance with the law and responsibly.
PRICE AND PAYMENTS
You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause.
You must pay the Price via credit card or any other payment methods set out on the Site such as Paypal.
All amounts are stated in AUD and are inclusive of GST. We display delivery costs (where applicable) separately from the purchase price.
You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
To the extent permitted by law, the Price is non-refundable and non-cancellable once paid.
PROMOTIONAL DISCOUNT CODES
We may on occasion issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
DELIVERY, TITLE AND RISK
We will deliver the products to the delivery address you provide stated on your order. We deliver Australia wide and if we cannot deliver to you, we will notify you as soon as practicable. We are unable to ship internationally.
Delivery costs are set out on the Site.
We normally dispatch products within:
for Purchases prior to 11am within Perth Metro Area, same day dispatch and delivery, unless otherwise noted on the Site;
for Purchases after 11am within Perth Metro Area, 24 hours;
for Purchases interstate or outside the Perth metro area, 24 hours;
Any delivery periods displayed on the Site are estimates only, based on the information provided by Australia Post or the delivery company.
If you need to change the delivery date or delivery address, please notify us immediately in writing and we will do our best to accommodate.
We may deliver the products using a range of delivery methods.
Title to the products will remain with us until you have paid us the Price.
Risk in the products will pass to you as soon as they are delivered to the delivery address provided in your order.
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Site) will at all times vest, or remain vested, in us.
You must not, without our prior written consent:
copy or use, in whole or in part, any of our intellectual property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party;
breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
Notwithstanding this clause, you are permitted by these Terms to publish via social media any photographs, comments or reviews of the products you have purchased from us. If you provide us with access to photographs of the products you have purchased from us via email, on your account page or by tagging us on social media networks, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Site. Without limiting the foregoing provisions, you must not and must not permit any other person to:
resell, assign, transfer, distribute or provide others with access to the Site;
use the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
use the Site in any way that damages, interferes with or interrupts the supply of the Site;
introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (Systems), including viruses, worms, trojan horses and e-mail bombs;
reveal your account password to others or allow others to use your account;
use the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Site or any training resources from the Site;
send any unsolicited messages through or to users of the Site in breach of the Spam Act 2003 (Commonwealth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”);
use the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers.
Despite anything to the contrary, to the maximum extent permitted by law:
our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed us resupplying the products to you;
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
loss of, or damage to, the products, or any injury or loss to any person;
failure or delay in providing the products;
breach of the Terms or any law, where caused or contributed to by any:
event or circumstance beyond our reasonable control;
act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
We collect personal information about you in order to enable you to access and use the Site, to customise to your preferences, to contact and communicate with you and to respond to your enquiries
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information as set out above and as required by law.
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first attempting to negotiate with the other party in good faith to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
Notices: Any notice given under these Terms must be in writing and sent to us by email at the details set out below, or to you using the details provided when placing your order. Any notice must be sent by email, and will be deemed to have been served at the time of transmission in the case of transmission by email.
Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Amendment: We may, at any time and at our absolute discretion, vary these Terms
Prior to placing an order, we recommend you carefully read the Terms that are in effect at that time to ensure you understand and agree to them. For any orders that has been accepted by us, the Terms that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of Western Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us at firstname.lastname@example.org
Partners in Wine WA
Licence Number 609214716920
RETURNS AND REFUNDS
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we may cover the cost of delivery for the return if Partners in Wine WA are at fault. That is, if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or Partners in Wine WA have breached a consumer guarantee. In all other circumstances the delivery charge will be deducted from the refund to the customer.
Proof of purchase must be provided to obtain a refund/exchange and the product must be in a saleable condition. Saleable condition is defined as:
-Within its use by or best before date.
-Packaging is not damaged and in original condition.
-No heat damage.