Disclosures under Fair Trading Act 1987 (NSW)
Please ensure you carefully review the terms and conditions below which apply to the sale of products through our Websites, in particular:
- Clause 5 – Delivery;
- Clause 6 – Risk;
- Clause 7 – Claims & Implied Terms;
- Clause 8 – Indirect Loss; and
In these Terms:
“Delivery Address” means the shipping address as notified by you at the time of Order placement;
“Order” means any order placed by you for the purchase of Products via the Website;
“Terms” means these Terms of Sale;
“Website” means a website owned and operated by us where you can purchase products offered for sale by us.
1.1 The Website is provided and operated by Accolade Wines Australia Limited (ABN 86 008 273 907) (Accolade, us, our or we) where you can browse, select and purchase products sold by us (Products).
1.3 We attempt to be as accurate as possible and use our best endeavours to ensure, but do not warrant, that any information provided on the Website, including in relation to Products, Product packaging and materials, is accurate, complete, reliable, current or error-free.
1.4 All information about the Products on our Website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the Product in accordance with these Terms, our returns policies (if applicable) and your statutory rights.
1.5 By using the Website or placing an Order, you agree to be bound by these Terms as amended from time to time. You must also ensure that you strictly comply with these Terms and the policies which form part of these Terms.
1.6 You agree to comply with all relevant laws relating to your use of the Website, your placement of any Order or the purchase of Products.
1.7 You agree not to use the Website for any purpose that is fraudulent, unlawful or otherwise prohibited by these Terms.
2.1 All prices given by us are effective as at the date on which the price is given and are subject to change in our discretion without notice to you, including after an Order is placed.
2.2 Unless otherwise specified, all prices are exclusive of any delivery costs (including freight, loading and insurance). Prices are inclusive of all applicable taxes and are represented in Australian dollars.
3.1 You must be over the age of 18 to access the Website, place an Order or purchase Products through the Website. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you are acting in breach of these Terms or are using the Website in a fraudulent or improper manner. We also reserve the right to otherwise cancel Orders in accordance with clause 4.
(a) must ensure that your account details (including your login and password that is used to access the Website) are kept in a safe and secure manner;
(b) must not use false or misleading information when registering your account details;
(c) must promptly advise us of any changes to your information provided to us as part of the sign-up process (including billing address, Delivery Address and phone number);
(d) are responsible and liable for any person that uses your account to place an Order;
(e) agree that we may charge you for all Products that have been ordered from the Website using your account.
3.3 You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.
3.4 Each Order that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these Terms.
3.5 You may not purchase any Products through this Website for the purpose of resale. We may refuse to supply Products if multiple Orders are placed for large quantities of the same Product for the same billing or Delivery Address.
4. CANCELLATION OF AN ORDER
4.1 We may cancel any part of an Order for Products (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that Order are not available;
(b) there is an error in the price or the product description for the Products on the Website;
(c) the Order was placed in breach of these Terms;
(d) we determine that we are, or may be, unable to supply Products within a reasonable time or at all; or
(e) the Products in that Order are subject to a recall or withdrawal.
4.2 If we cancel any part of an Order, we will notify you of the cancellation, and will not charge you for the cancelled part of the Order. If any payment has been received by us, then: (i) for a wholly cancelled Order, the full payment amount; or (ii) for a partly cancelled Order, the amount paid in respect of the cancelled Products, will be refunded to your original payment method, or where we deem appropriate, through an alternative means.
5.1 Products will be delivered to the Delivery Address.
5.2 We have no liability whatsoever for any Products delivered to an address which has not been correctly recorded or updated by you on the Website.
5.3 Any time or date stated by us for delivery of Products is an estimate only and you shall not be relieved of any obligation to accept the Products by reason of any delay.
5.4 We will only deliver Products ordered through the Website to a location where our delivery service providers services. We only ship to addresses in Australia. We cannot ship to PO boxes.
(a) acknowledge and agree that any person at the Delivery Address who receives any Products is authorised by you to receive your Order;
(b) will ensure that the person authorised by you to receive your Order is over the required age to receive Products as prescribed by law or as otherwise set out in these Terms; and
(c) agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your Order through the Website.
5.6 Unless you provide an express authorisation to leave Products at the Delivery Address unattended, a person over the age of 18 must be present to accept the delivery of your Order.
5.7 If the person accepting delivery of your Order cannot prove to the reasonable satisfaction of our delivery service provider that they are over the age of 18 or there is no person over the age of 18 at the Delivery Address, our delivery service provider will not deliver the Products you have ordered. In these circumstances, our delivery service provider will contact you to provide an alternate means to receive your Order.
5.8 If you authorise us to leave Products at the Delivery Address unattended, you:
(a) accept the risk of theft or loss of the Products from the time the Products are delivered; and
(b) acknowledge that, notwithstanding your authorisation, the person delivering the Products has discretion whether to leave the Products at the Delivery Address.
6.1 You agree that risk of loss of or damage to Products passes on delivery of those Products to the Delivery Address including where the Delivery Address is unattended.
6.2 We exclude all liability for lost, stolen or damaged Products delivered to an unattended location nominated by you and we can establish that the Products were delivered to that nominated unattended location.
7. CLAIMS & IMPLED TERMS
7.1 It is your responsibility to verify Products received are in all respects in accordance with your Order and suitable for your intended use.
7.2 You must notify us of any claim for incorrect supply of Products within 7 days of receipt of the Products. Within 14 days thereafter, you must provide full particulars and substantiation of the claim in writing to us. Any claim which you do not notify or substantiate within such time (time being of the essence) shall be deemed to have been absolutely waived.
7.3 All conditions and warranties are hereby expressly excluded to the full extent permitted by law. Certain legislation, including the Competition and Consumer Law Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to the Products being of merchantable quality or fit for purpose for which they were supplied to you. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in these Terms and to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to, in the case of Products, at our option:
(a) the replacement of the Products or the supply of equivalent Products;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products or of acquiring equivalent Products; or
(d) the payment of the cost of having the Products repaired.
7.4 Other than as set out in clause 7.3 above, we will not be responsible for any claims arising out of your use of the Products or in connection with your access to and use of the Website and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.
8. INDIRECT LOSS
So far as the law permits, we shall not be liable in any way whatsoever for any loss of profit or indirect or consequential loss including but not limited to any such loss because of delay, defect, fault, failure, negligence or any act, matter or thing done or not done by us.
9. PERFORMANCE & REPRESENTATIONS
You acknowledge there have been no representations or conduct giving rise to any understanding other than what has been expressly recorded in writing. You agree that it is not reasonable for you to (and you will not) rely on any representation or conduct that is not acknowledged in writing.
Any waiver by us under these Terms must be in writing and signed by us. No failure, delay or the like by us shall affect our legal rights under these Terms.
11.1 These Terms are subject to the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the Courts of that place.
11.2 The rights and obligations of the parties will not merge on completion of any transaction under these Terms.
11.3 We may amend these Terms by updating the Website from time to time.