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 willful default of Our duties.
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 supplied again.
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 No. 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 accepted.
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.
We are not obliged to uphold a free shipping promotion where doing so would prove cost prohibitive to Warrabilla. A co-contribution may be sought to cover such a cost and a full refund offered to You should you no longer wish to proceed with an order for this reason.
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 age.
All orders on this website must be pre-paid before the Order is shipped. Payment is to be made in Australian dollars ($AUD).
Orders made using this webiste or by telephone or email are to be paid by credit card only. We accept VISA, Mastercard or American Express.
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, Mastercard or American Express), or debit card.
No minimum purchase is required.
Risk and 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 delivery address.
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.
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.