These terms and conditions apply to all orders from the customer ("You") to Gap Wines Pty Ltd ABN 66 125 162 487 trading under the name Chilean Wine Cellar, registered office, 54 Beecroft Rd, Epping NSW 2121 ("Supplier") for the supply of Goods.
Persons under 18 years of age are not permitted to place orders for liquor. It is an offence to sell or supply or obtain liquor on behalf of a person under the age of 18 years old.
Please read the following terms and conditions carefully before placing Your order.
By using the Website and/or placing an order You acknowledge that You have read and understood these terms and conditions and agree to be bound by these terms and conditions
1. Conditions
1.1 In these terms and conditions:
'Goods' means the wines and spirits and any other goods which the Supplier is to supply pursuant to an order from You in accordance with these terms and conditions
'Website' means the Website www.chileanwine.com.au
1.2 No variation to these terms and conditions shall be binding unless agreed in writing by the Supplier.
1.3 An order for Goods placed by You through the Supplier's Website shall be deemed to be an offer by You to purchase Goods from the Supplier subject to these terms and conditions. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
1.4 Nothing in these terms and conditions shall affect Your statutory rights.
Format of the Contract
2.1 The Supplier may change these terms and conditions without notice to You in relation to future sales.
2.2 You shall be responsible for ensuring the accuracy of the details provided on the order form and the Supplier will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
2.3 No order submitted by You shall be deemed to be accepted by the Supplier unless and until the Supplier confirms acceptance of Your order by e-mail or telephone.
3. Description and price of the goods
3.1 The description and price of the Goods You order will be as shown on the Website at the time You place Your order.
3.2 All prices on the Website are in Australian dollars and are inclusive of GST.
3.3 The Goods are subject to availability. If on receipt of Your order the Goods You have ordered are not available in stock, the Supplier will inform You as soon as possible and offer an alternative product which You may choose to accept or decline.
3.4 Every effort is made to ensure that prices shown on the Suppliers Website are accurate at the time You place Your order. If an error is found, or if prior to delivery the price of the Goods increases due to any factor beyond the Supplier's control the Supplier will inform You as soon as possible and offer You the option of reconfirming Your order at the correct price, or cancelling Your order. If the Supplier does not receive an order confirmation from You within 14 days of informing You of the error, the order will be cancelled automatically. If You cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit You for any sum that has been paid by You or debited from Your credit card for the Goods.
3.5 Unless specified all delivery charges are additional.
3.6 You are solely responsible for ensuring the accuracy of the terms of any order (including any applicable specification) and for selecting the Goods and for giving the Supplier any necessary information relating to the Goods within a sufficient time to enable the Supplier to perform the contract in accordance with its terms.
4. Payment
4.1 By placing an order You consent to payment being charged to Your credit card account as provided on the order form.
4.2 Payments shall be made by You without any deduction whatsoever unless You have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to You.
4.3 You, warrant that all details provided on the order form for the purpose of purchasing the Goods are correct, that the credit card You are using is Your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Goods.
4.4 The Supplier will issue You with an electronic receipt to Your email address once the Goods have been dispatched.
4.5 Please note that we only charge Your credit card when Your Goods have been despatched from our store. We accept payments using Mastercard, Visa, Amex, Diners only.
5. Delivery
5.1 The Goods will be delivered to the address You give when You place Your order.
5.2 If delivery cannot be made to Your address for reasons under the Suppliers control the Supplier will inform You as soon as possible and refund or re-credit You for any sum that has been paid by You or debited.
5.3 At the time of delivery the person receiving the Goods if they consist of alcohol must provide satisfactory proof of age if requested. The Supplier may refuse delivery of the Goods if the person receiving the Goods is unable to provide proof of age.
5.4 Any dates quoted for delivery are approximate only and the Supplier shall not be liable for any delay in delivering Your Goods if that delay or failure is caused by circumstances beyond our control such as war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or act of God, failure of Internet Service Provider (ISP) or telecommunications provider in connection with the performance of the Website.
5.5 The majority of our orders are delivered by Australia Post. If nobody is at the designated address the Goods will be available for collection at the local Post Office. If the Goods are not collected within 2 weeks they are sent back to the Supplier's warehouse. You can request that they be resent to Your address, however, the additional shipping charge will be at Your cost. If You leave specific instructions for the Goods to be left at the address and the wine is stolen, it is Your responsibility.
5.6 You are responsible for notifying the Supplier of any change of name, address, payment details or other relevant details by e-mail at customerservice@chileanwine.com.au or calling us on 1300 794 632. Failure to do so may result in You being ultimately responsible for any misdirected items (such as deliveries going to the wrong address).
6. Risk and Title
6.1 The Goods are at Your risk from the time of delivery.
6.2 Ownership of the Goods shall not pass to You until the Supplier has received payment for the Goods in full.
6.3 If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the chileanwine.com.au customer service team on 1300 794 632 and a customer service representative will assess Your request for a credit or refund of the purchase price. Except where we consider the product quality problem to have been caused by You we will refund the cost of the product if notified within 2 months of purchase.
7. Limitation of Liability
7.1 You acknowledge that chileanwine.com.au service is provided "AS IS" and that the Supplier is not making and has not made any warranty or representation as to the suitability of Goods for any particular purpose.
7.2 To the extent permitted by law, You agree that any liability of the Supplier arising out of or in connection with any breach of any express or implied warranty or condition in respect of Goods or services supplied to You through use of chileanwine.com.au will be limited to:
- if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods; and
- if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
7.3 You agree that the entire risk arising out of installation, downloading, use or performance of the Supplier remains with You. To the extent permitted by law, You release and discharge the Supplier and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this agreement) arising out of or in connection with chileanwine.com.au or this agreement, including, without limitation, loss or damage caused by the negligence of the Supplier or its related corporations.
8. Privacy and Security
8.1 Any information the Supplier collects in relation to You, is kept strictly secured. We do not disclose Your personal information to any person unless it is:
- Required or authorized by law
- Contracted third parties such as financial institutions or delivery companies which need to be engaged to provide our services to You.
- To an entity that acquires the business or assets of the Chilean Wine Cellar
8.2 When You place an order we will ask You for the following personal information: Your name, date of birth (to prove You are over 18), email, mailing address, delivery address and any special delivery instructions, Your phone number.
8.3 The Supplier strives to maintain the accuracy of information on the Website. Users may contact us about any inaccuracies they may find. Users may delete their information from our database by contacting us.
8.4 To use the Website cookies must be enabled on Your computer. The Chilean Wine Cellar uses cookies to allow You to maintain a shopping cart and to purchase items in Your shopping cart. Cookies sent to Your computer from the Chilean Wine Cellar only last while You are browsing the Website. We do not store persistent cookies on Your computer.
8.5 If You do not wish to receive details of special offers which we send to our customers from time to time You can unsubscribe at any time. Please contact us by e-mail, phone, fax or mail.
8.6 The Website contains links to other websites. The Supplier is not responsible for the privacy practices or the content of other websites.
9. Website
9.1 Product images are for illustrative purposes only and the Goods may differ slightly from the images shown on the Website.
9.2 The Supplier will attempt to ensure that the information available on the Website at any time is accurate. However, the Supplier will not be held liable for any errors or omissions. The Supplier will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
9.3 All drawings, descriptive matter and specifications of the Goods on the Website are for the sole purpose of giving an approximate description of the Goods.
9.4 The Supplier may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website without notice or liability.
9.5 You agree and acknowledge that we own or are licensed to use all copyright, database rights trademarks and other intellectual property rights in and to all arts of the Website.
9.6 You are entitled to use our web site in accordance with these terms and conditions only. You must obtain our prior written consent before You use the Website or any part of it in any other matter.
9.7 All persons, individual and corporate, are prohibited from providing hypertext or other links to the Website, other than to our home page, from their own website or from a third party's website, without our prior written consent.
10. General
10.1 The Supplier may change or add to these terms and conditions for security, legal or regulatory reasons.
The sale of Goods takes place only when specific Goods are appropriated to the terms and conditions.
The laws of NSW Australia will apply to these terms and conditions and the relevant courts of NSW will have exclusive jurisdiction.
10.2 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question will not be affected.
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