TERMS & CONDITIONS

 

TERMS OF USE

If you choose to access or view this medicines website, or post content or materials on it, you acknowledge that you are bound by these terms of use. These terms of use may be changed from time to time. Each time you access this medicines website, you must comply with the terms of use as they stand at that time.

1. INFORMATION WE COLLECT

Pernod Ricard Winemakers Pty Ltd (“Pernod Ricard Winemakers”; “we”; “us”; “our”) or its related companies may collect the following information when you access our website for marketing purposes to identify the most useful and popular sections of this site and to generally improve this site:

  • your server address;
  • domain name;
  • the date and time of your visit to our site;
  • the pages viewed and information downloaded;
  • the previous site visited; and
  • the type of brower used.

2. COOKIES

Cookies are uniquely numbered identification numbers like tags which are placed on your browser. By themselves cookies do not identify you personally, but they may link back to a database record about you. If you register on our site we may then link your cookie back to your personal identification details.

This site uses cookies to monitor usage of the web site, to enable purchases, to create a personal record of when you visit our web site and what pages you view and sometimes to customise the web site for faster use.

3. COPYRIGHT

The contents of this website are subject to copyright under Australian and overseas law. Unless other attribution is given, all such copyright and any other intellectual property is owned by us. We authorise you to view and store, without modification, digital or print copies of our copyright material contained within this medicines website, subject to the following conditions:

  • The documents and images may be used solely for information purposes.
  • The documents and images may be used solely for individual purposes and may not be used for any commercial purpose whatsoever.
  • Any copy or printout of any document or image or portion thereof must include this copyright notice and ALL of the text contained on this website under the heading “COPYRIGHT”.
  • Any use of our text or images must be accompanied with the following: “image/information courtesy of Marlor Wines Pty Ltd”.

No other use is permitted without our prior written consent.

4. TRADE MARKS

All registered and unregistered trade marks which appear on this website are the property of their respective owners. In allowing you access to this medicines website, we do not grant to you any right whatsoever to use any such trade mark. You acknowledge that you have no such rights and that none will arise by your accessing or using this website.

5. WEB SITE LINKS

We do not endorse, approve or recommend the contents, services, products owners or operators of any website to which this website may be linked or feeds to. Links and feeds are provided solely for your convenience and you use them and the linked websites entirely at your own risk.

6. DISCLAIMER

This website is for information purposes only. We make every effort to ensure that the contents of this website are true and accurate. However, we make no warranty as to the completeness, accuracy or reliability of such contents and we exclude, to the maximum extent permissible by law, any and all implied terms and warranties.

It is your responsibility to acquire and maintain appropriate and up to date virus scanning software and to carry out a virus check on any file, download or attachment for viruses prior to downloading. We do not warrant that any file, download, link, feed or attachment on this website is free from viruses or other errors or defects and by using this website you are taken to accept these risks. To the maximum extent permitted by law, we and our directors, officers, employees, agents or contractors and related companies exclude all liability (except where precluded by law) for any loss or damage caused (whether in tort or otherwise and whether directly or indirectly) by accessing this medicines website, an inability to access this medicines website, any virus transmitted through this website or your use of, or reliance on, any information or data obtained from this website. If you are dissatisfied with this medicines website, your sole remedy is to discontinue use of it.

7. MATERIALS YOU SUBMIT

Unless specifically requested, we do not wish to receive any confidential or proprietary information from you, either through this medicines website, via email or by any other means. You acknowledge that any information that we receive from you is not confidential or proprietary and, subject to our Privacy Policy, may be reproduced and/or disclosed by us without payment or restriction. You also warrant that you have the right to reproduce this material and that any “moral rights” in any material supplied to us by you have been irrevocably waived by the relevant author.

8. GENERAL

Only persons of legal drinking age in their country of residence may access or view this website. By accessing or viewing this website you warrant that you are of legal drinking age in your country of residence. These Terms of Use are governed by the laws of New South Wales.

 

TERMS OF SALE

1.GENERAL

1.1 These terms may be varied by Waverley Estate from time to time.
1.2 Purchases made through this site are made under New South Wales Liquor License No 824013545.

2.PRICES

2.1 The prices advertised by Waverley Estate may be altered at any time without notice. However if the prices that change are prices members have already registered for, then Waverley Estate will advise the member in writing of the new amount to be debited from their credit card at least 28 days prior the upcoming despatch.
2.2 Prices quoted are in Australian dollars; and include GST, and all other taxes. Freight may be additional but will be notified to you at the time of check out.

3.ORDERS

3.1 When placing an order with Waverley Estate, you confirm that all the details that you have provided in completing the order and offer to purchase the goods are true and correct.
3.2 It is a condition of purchase that you verify that you are 18 years of age or over. All orders are subject to acceptance by Waverley Estate.
3.3 As a member of the Waverley Estate Wine Club the member will automatically receive four packs per year, each consisting of the nominated Wine Pack Selection and the member’s credit card will be debited for the associated costs.
3.4 Waverley Estate may at its own discretion substitute alternative products or vintages of a similar value if a product is unavailable at the time of despatch.
3.5 All specials, promotions, clearances, offers and discounted items are subject to their specific terms and conditions and are whilst stocks last unless otherwise indicated.

4.DELIVERY

4.1 Despatch of the wines is due to occur approximately every three months, (may be subject to change).
4.2 Products will be delivered to the address provided at time of sign-up or check-out (as the case may be).
4.3 If a freight cost applies it will be provided at check-out.
4.4 Risk in the goods passes to the member upon delivery.
4.5 Waverley Estate may consign or ship products to the member in instalments at varying times.
4.6 Waverley Estate is not responsible for and does not accept liability for delay or non-delivery of products. In the case of late delivery, the member / customer must accept goods delivered.
4.7 If the member is not at the delivery address at the time of delivery the goods may be left with a person at the delivery address who is 18 years or older but may be required to show proof of age. In the event nobody is at the delivery address who meets the criteria under these terms and conditions, a waiting card will be left in the member’s mailbox. This card will advise the next steps required to obtain delivery of the member’s order. The member’s order will not be left with persons under the age of 18 years.

5.PAYMENT

5.1 The member’s credit card will be debited for the wine and associated costs approximately two weeks prior to despatch.
5.2 If for any reason the member’s credit card is unable to be debited for the cost of the wine then Waverley Estates’ staff will contact the member to advise that the order was unable to be processed.
6.RETURNS

6.1 The member’s rights under the Australian Consumer Law are not affected by these terms and conditions, namely 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.
6.2 Waverley Estate will accept and replace faulty and/or out of condition goods or goods that are wrongly described or breach a consumer guarantee returned by the member provided that the goods were not broken or damaged after delivery, the goods are not out of shelf life and the member notifies Waverley Estate of their intention to return the goods within 7 days of delivery. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return (only when Waverley Estate is at fault or have breached a consumer guarantee. In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the member).
7.LIABILITY

7.1 Subject to any relevant statutory provision, these terms contain the entire agreement between Waverley Estate and the member / customer on the subject matter and all representations, warranties and agreements (whether express or implied and whether statutory or otherwise) are expressly excluded and Waverley Estates’ liability is limited to the lessor of the cost of replacing the products; or the costs of obtaining equivalent products.
7.2 Contents of this site do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
7.3 To the extent permitted by law Waverley Estate disclaims all liability (however arising including negligence) 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.

8.PROMOTIONAL VOUCHERS

Promotional vouchers cannot be exchanged for cash, used in conjunction with one another, re-used on another transaction, or partially used across multiple orders.

9.Registration for an account/membership

9.1 Personal details provided to Waverley Estate by the member will be entered into a database held by Waverley Estate and the member’s name and address may be used for future marketing, promotional and publicity purposes by Waverley Estate and any third parties that it engages to perform any of those activities. You can opt out of receiving email and post special offers contacting us.
9.2 Waverley Estate may require additional information to provide the service and Waverley Estate reserve the right to decline, suspend or terminate a member’s account at any time at Waverley Estates’ absolute discretion.
9.3 Membership can be cancelled or suspend at any time prior to two weeks before the next despatch by advising Waverley Estate.
9.4 The member is responsible for maintaining the confidentiality of their password and or access code (“Password”) and they will be liable for any breach of privacy arising from unauthorised access to the site caused by or connected with the disclosure of the email address and/or password. The member is further responsible for all fees and charges incurred on the account arising from access to the account due to this.

10. RESPONSIBLE SERVICE OF ALCOHOL

10.1 Waverley Estate supports the responsible service and consumption of alcohol and recommends that alcohol be enjoyed in moderation.
10.2 It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. The member therefore warrants that they are 18 years or over of age; and that any person that you are obtaining the products for is also 18 years or over.

 

Waverley Estate is a registered business name of Marlor Wines Pty Ltd ABN 27 612 347 369 and any reference to Waverley Estate in these conditions includes a reference to that company.