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Terms & Conditions of the Wingara Wine Group’s (“Wingara”) websites and ordering for any of Wingaras’ brands including Katnook Estate, Katnook Founder’s Block and Deakin Estate.
By entering your details to make any purchase, online or in writing, or by otherwise communicating an order to us, you are offering to make a contract to purchase goods from Wingara Wine Group PLs’ registered trade marks. ABN 46 006 350 787, Head office 1/166 Albert Road South Melbourne 3205. If we accept your offer, the goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.
The contract is made at the licensed premises from where the goods are despatched, under one of our liquor licences, including number 32420361 (VIC) and 50801040 (SA). Persons under 18 years of age are not permitted to place orders for wine.
Wingara supports the responsible service of alcohol.
Nature of the Contract.
You are able to use Wingaras’ websites (or email, post, telephone, fax or other method) to place an order for goods.
The contract between you and Wingara for the supply of goods ordered (“the Contract”) only comes into existence when Wingara accepts your order. Wingara will notify you of acceptance. No obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract (including regular deliveries to Cellar Club@ Katnook members). Orders cannot be cancelled once accepted, unless by arrangement with Wingara.
Wingara will not be obliged to deliver, or continue to deliver, goods to you if your delivery address is not in an area to which Wingara delivers goods, such as “dry areas” in Western Australia and the Northern Territory.
The goods will not be delivered to persons under the age of eighteen (18) years. Wingara may request that the person who receives the goods provides satisfactory evidence of proof of age. Wingara will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.
Wingara is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered: (a) to the adult person who placed the order, or (b) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or (c) if delivery takes place on a day following the placing of an order, in accordance with the customer’s instructions but always to a person over the age of 18 years. Anyone at the nominated delivery address who receives the goods shall be presumed by Wingara to be authorised to receive the goods. Our normal practice, as advised from time to time, will apply if there is no-one at the nominated delivery address, or no-one of appropriate age to receive the delivery.
While Wingara will use all reasonable endeavours to deliver by any requested or agreed date, it does not guarantee delivery on that date and is not liable for any loss resulting from late delivery.
Returns and Refunds
If at any time you are not satisfied with the quality of the goods you have purchased from us, please call our customer service line on (03) 9682 5000 and one of our representatives will assess your request for a credit or refund of the purchase price.
Risk and Title
Risk in the goods passes to you upon despatch of the goods from Wingara, and title in the goods passes to you upon delivery of the goods to the Delivery Address.
Wingara’s prices are subject to variation – the price payable for the goods is the price applicable on the date when Wingara confirms your order, or otherwise as agreed to by Wingara. Wingara reserves the right to substitute a different vintage to that ordered, at its discretion. The quoted wine prices usually do not include the delivery and handling fee (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the applicable delivery and handling fee.
You must pay for the goods before we will despatch your order. You may use your credit card (MasterCard, Visa, Diners). Payment by cheque or cash will only be accepted at Wingara’s discretion and cannot be used for Cellar Club@Katnook membership. Wingara may accept applications for customer accounts, subject to its standard terms and conditions
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 Wingara and you, if such exclusion, restriction or modification would be void or prohibited by the legislation. To the extent that Wingara breaches any condition or warranty implied into the arrangement between Wingara and you and which cannot be excluded or modified, Wingara’s liability is limited to, at Wingara’s 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, Wingara is not liable to you (or to any third party claiming through you) for, and you release Wingara 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 Wingara, its employees or agent, and whether based on negligence or other tort, contract or otherwise.
Wingara may add to, delete, or otherwise change any of the terms of this Contract. Wingara will notify you of any substantial changes to these terms & conditions. Your use of the Wingara service after notice will constitute your deemed acceptance of such changes.
Wingara reserves the right to disclose information regarding users of the Wingara service to third parties, such as to independent researchers to assist us in better understanding and servicing the needs of Cellar Club@Katnook members, provided that the information will not specifically identify you or any personal information supplied by you.
Wingara may terminate this Contract at any time by delivering notice or by sending you a system message advising that your shopping privileges have been removed. Termination of this Contract shall be effective the day notice is received or such later date as specified in the notice.
Wingara may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.
Promotions & Clearances
All specials, promotions, and other offers advertised on the Wingara website are available only while stocks last, unless otherwise advertised.
If you receive or nominate a password or PIN, you are responsible to maintain its confidentiality. You are also responsible for, and indemnify Wingara in relation to, any and all activities that occur using your password or PIN, including in relation to your personal information. You must immediately notify us of any unauthorised use of your logon or password or any other breach of security of which you become aware.
Copyright in all materials appearing on all Wingara websites are, except where noted to the contrary, the property of Wingara and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or for any purpose expressly permitted by Wingara. Wingara does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Wingara is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of Wingara remains with you. You also waive any and all claims that you may have against Wingara otherwise arising out of or in relation to your use of this website.
Any photos, or other descriptions, of our products on our website are for illustration purposes only, and as such you should check the labels of the specific products for specific health and other disclosures prior to consumption. If any provision of these Terms & Conditions 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.
WARNING Under the Liquor Control Reform Act 1998 (Vic), 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). Liquor Licence number 32420361 (VIC) and 50801040 (SA)