The following outlines the terms and conditions for using the website for Warrabilla Wines Pty Ltd ATF Smith Family Trust ABN 21690700495 www.warrabillawines.com.au
For the purpose of this document, the terms “We”, “Us”, “Our” and “Warrabilla Wines” refers to Warrabilla Wines Pty Ltd ATF Smith Family Trust ABN 21690700495.
“You” and “Your” refer to the website user.
The material appearing on this website, except where otherwise stated, remains the intellectual property of Warrabilla Wines and must not be reproduced except as permitted under the Copyright Act 1968 (Cth), or where given expressed permissions by Us.
We make every effort to ensure Our website is free from computer viruses and other such defects, however the responsibility for scanning for such viruses and defects rests with the user. We assume no responsibility for losses arising from the use of Our website. By continuing to use Our website, You assume all risk and indemnify Warrabilla Wines against any damages or losses caused by such use.
We are not responsible for any site that provides links to or from the Warrabilla Wines website.
We take all care and reasonable precaution to safeguard Your personal data but can not guarantee the security of any data disclosed to Us. By supplying Us with this information, You accept the inherent security implications associated with dealing online over the Internet and agree to indemnify Us from any breach of security unless We are found to have been negligent or in wilful default of Our duties.
Warrabilla Wines will retain details necessary for successful fulfilment of Your order and may use them for emailing or posting You information about Our wines and other wine related offers. This may include, but is not limited to; name, address, telephone number and email address of sender, and name, address, telephone number and email address of the recipient where these details differs from those of the ordering party.
We do not sell contact details to any other companies.
We are bound to and abide by the provisions of the Privacy Act 1988 (Cth).
We will remove Your personal information from the mailing list within 7 days of a request to do so.
We take reasonable steps to ensure that all personal information provided to Us is protected from risks such as loss, misuse, unauthorized access, modification or disclosure. Personal information will be stored on secure servers.
Where identifying data is no longer needed for any purpose to which You have consented, We take reasonable steps to destroy or permanently remove such information.
Limitation of liability
Nothing in this contract is to be interpreted as having the effect of excluding, restricting or modifying
any condition or warranty, or right or liability implied by any applicable legislation into the arrangement
between Warrabilla Wines and You, if such exclusion, restriction or modification would be void or
prohibited by the legislation.
To the extent that Warrabilla Wines breaches any condition or warranty implied into the arrangement
between Warrabilla Wines and You and which cannot be excluded or modified, Warrabilla Wines’
liability is limited to, at Warrabilla Wines’ discretion, either: (i) replacement of the goods or supply of
equivalent goods; (ii) payment of the cost of replacing the goods or acquiring equivalent goods; and in
the case of services, to: (i) supply of the services again; or (ii) payment of the cost of having the services
Subject to the foregoing, Warrabilla Wines is not liable to You (or to any third party claiming through
You), and You release Warrabilla Wines from, any loss, liability, damage, expense or cost whatsoever
and includes (without limitation), indirect or consequential loss or damage, loss of profits or business
opportunity, and damage to equipment or property (“Loss”), caused by any act or omission of Warrabilla
Wines, its employees or agents and whether based on negligence or other tort, contract or otherwise.
Warrabilla Wines may add to, delete, or otherwise change any of these Terms & Conditions without
prior notice to you. Your continued use of Our website following these changes will constitute Your
deemed acceptance of such changes.
Promotions and Clearances
All specials, promotions, clearances, offers and discounted items advertised on the Warrabilla Wines
website are available only while stocks last unless otherwise advertised.
Under the Victorian Liquor Control Reform Act 1998, it is an offence to supply alcohol to a person under
the age of 18 years (Penalty exceeds $6,000), and for a person under the age of 18 years to purchase or
receive liquor (Penalty exceeds $500). Victorian Liquor Licence number 32801745
Terms of Sale
The following outlines the terms and conditions for trading with Warrabilla Wines Pty Ltd ATF Smith
Family Trust ABN 21690700495.
For the purpose of this document, the terms “We”, “Us” and “Our” and “Warrabilla Wines” refers to
Warrabilla Wines Pty Ltd ATF Smith Family Trust ABN 21690700495.
The persons listed or stated in the Order are referred to as “You” or “Your”.
By entering Your details to place an Order, You are entering into a Contract to purchase goods with Us. If
We accept Your Order, the goods will be sold on the basis of the terms as outlined herein. If You do not
accept these terms, You must refrain from making a purchase from Us.
Warrabilla reserves the right to terminate a Contract at any time by notice to You.
Only persons over the age of 18 are permitted to purchase or order alcohol.
If any provision of these terms is unenforceable or void either in whole or in part for any reason then
that provision (or part) is deemed to be deleted without in any way affecting the validity or
enforceability of the remainder of this document. The laws of Victoria govern this Contract.
We only accept orders for shipment to Australian addresses. Overseas shipping addresses will not be
Once You place Your order, We will review and process it. If We notice any missing information or
anticipate any issues, We will contact You to request further information. All Orders are individually
packed at Cellar Door. Wine is shipped either by Australia Post including their on-forwarders or Fastway
Couriers including their on-forwarders and is tracked throughout the delivery process.
Please allow between 1 – 5 business days for delivery to Melbourne, Sydney & Canberra and longer to
other areas. Delays in delivery may result due to unforeseen circumstances beyond Our control. While
every effort is made to deliver wine within a requested timeframe, We cannot guarantee delivery on or
by a date and assume no responsibility for any loss which may result from late delivery. We are not
obliged to deliver goods to You if Your delivery address is not in an area to which Warrabilla Wines’
carriers delivers goods.
The goods will not be delivered to persons under the age of eighteen (18) years. We may request that
the person who receives the goods provides satisfactory evidence of proof of age and We may refuse to
deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of
All orders on this website must be pre-paid before the Order is shipped. Payment is to be made in
Australian dollars ($AUD).
At present, all Orders and memberships subscribed to on Our website are paid via PayPal.Orders made via the telephone or email are paid using either VISA or Mastercard.
Orders made in person at Our cellar door, pop-up sales locations or via the post can be paid using cash,
cheque, credit card (VISA or Mastercard), or debit card.
Wine club members may elect to have Your credit card details stored securely on Our server for the
purpose of paying Your annual membership. These details may be used for future purchases at Your
Wine club members who elect not to have their credit card details stored with Us and non-wine club
members’ credit card details are passed through the secure gateway and are not retained.
Wine club members with a PayPal subscription will have Your PayPal account debited $150 annually on
the anniversary of Your joining. Should You wish to discontinue Your membership, please contact Our
customer service team (02)60357242 or cancel Your subscription through the PayPal website.
Settings> Payments> Manage automatic payments.
In cases where Your payment for an Order fails for reasons including but not limited to insufficient credit
card funds, or cheque dishonor, We do not warrant that stock will be held until an alternate payment
method is available or the original payment method made to function.
Risk & Title
Warrabilla Wines Pty Ltd retains all rights of ownership and possession of goods until full payment has
been received. Risk and title of the goods passes to You upon delivery of the goods to the nominated
Warrabilla Wines’ prices are subject to variation and the price payable for the goods is that which is
applicable on the date when Warrabilla Wines accepts the Order. We are not bound to supply at the
prices displayed on the website where there are errors or omissions in such pricing.
All prices are quoted in Australian dollars ($AUD)
The quoted price does not include freight unless otherwise stated.
Membership to the Warrabilla Wine Club requires a financial obligation of $150 per annum. This amount
is required to be paid on the anniversary of Your joining each year should You wish to remain a member.
In return for Your membership fee, You will be sent a 6 pack of our wines which will be selected by the
winemakers at Warrabilla. There is no additional charge for delivery. This is included in the membership
fee. Members are entitled to a ten percent (10%) discount on additional purchases made during a
membership period as well as other benefits which will be indicated as they become applicable on our
When You register online, You will be sent an email with a temporary password to allow You immediate
access to the members-only elements of Our website.
Wine club members joining online create a PayPal subscription and will have Your PayPal account
debited $150 annually on the anniversary of Your joining. You will be reminded of Your subscription
renewal via email 7 days prior to Your PayPal account being debited. Should You wish to discontinue
Your membership, please contact Our customer service team (02)60357242 or cancel Your subscription
through the PayPal website. Settings> Payments> Manage automatic payments.
Please note that You are required to provide Us with Your address for delivery or We cannot ship Your
You may cancel Your membership at any time and without reason.
Wine Club member pricing is available only to current financial Wine Club members.
Please treat purchased gift vouchers as cash. They cannot be replaced if lost, damaged or stolen. They
cannot be exchanged for cash or the purchase of another gift voucher. Customers can redeem them in
cellar door or by calling Our Customer Service Team on (02)60 357242, or visiting Our cellar door 6152
Murray Valley Highway, Rutherglen Victoria, 3685. The voucher and any balance will expire 12 months
from the date of purchase. By using the voucher, You agree to these terms and conditions.
Please note: Promotional vouchers and/or sponsorship vouchers are different to purchased gift
vouchers and will have their expiry date written on them. The full amount of these vouchers must be
used in one purchase.
If you wish to cancel an Order, please contact Us as soon as possible between 10.00am and 5.00pm by
phone (02)60 357242 or email email@example.com. Please note that once goods have been
shipped, an Order can no longer be cancelled.
Refund and Returns Policy
If You wish to return goods to Us, You must notify Our customer service team on (02)60 357242 or by
email to firstname.lastname@example.org within 7 days of delivery and provide Us with the details of Your
Upon confirmation of the return by Us, we will provide further instruction as to how the return will take
place. Should the delivery be made using Australia Post as the courier, the return will be made by
Australia Post. Where the delivery was made using Fastway couriers or their on-forwarders, the return
method will be assessed on the basis of what is most cost effective and You will be given instructions to
facilitate the return.
The goods must be received in good order and have Your details clearly marked on the carton. Upon
receipt of the goods, a refund for the sale amount will be credited to You, or replacement goods sent.
Old, cellared and back vintage wines are in excellent condition in terms of their cellaring history here at
Warrabilla. There is risk inherent to handling such items and the buyer must beware. You accept all
losses ensuing from purchasing a tired or undrinkable wine. Note that Warrabilla will never offer for sale
any bottle that is suspected of being undrinkable for any reason.
We cannot be held responsible for wine that is stored incorrectly.