AGREEMENT BETWEEN USER AND DE VINE CELLARS
This Agreement is a contract between the customer (“you”) and AFL Pty Ltd Trading as De Vine Cellars (www.devinecellars.com.au). The www.devinecellars.com.au website is comprised of various web pages operated by De Vine Cellars.
The agreement exists between you and De Vine Cellars once an order is placed online by you and is accepted by De Vine Cellars. All orders made through www.devinecellars.com.au are subject to confirmation and acceptance by De Vine Cellars. De Vine Cellars reserves the right to accept, refuse, or limit your order for any reason including, but not limited to the unavailability of a product, incorrect pricing, vintages or due to any other errors in relation to product descriptions on this website. The order acknowledgement is not a contract and does not constitute acceptance of your order, but is only a record of your offer to purchase particular item(s) at a particular price.
The www.devinecellars.com.au website is offered to you conditioned on your acceptance without modification of these terms, conditions and notices contained herein. Your use of the www.devinecellars.com.au website constitutes your agreement to all such terms, conditions and notices.
In order to purchase goods from www.devinecellars.com.au, the delivery address which you nominate will need to be within a location where De Vine Cellars provides delivery services.
Anyone at the delivery address, who receives the goods, shall be presumed by De Vine Cellars to be authorized to receive the goods on your behalf. Satisfactory evidence of proof of age of the person receiving the goods may be requested. If the person is unable or unwilling to provide satisfactory evidence of proof of age, De Vine Cellars will refuse to deliver the goods. Goods will not be delivered to persons under the age of eighteen (18) or persons who fail to provide proof of age as accepted by De Vine Cellars. You must ensure that a person over the age of eighteen (18) years is available to accept the goods. If there is no one at the delivery address or satisfactory proof of age is not provided, De Vine Cellars may charge you an additional fee for re-delivery. Once you receive the goods you will be responsible if they become damaged, lost or stolen.
De Vine Cellars reserves the right to change the terms, conditions, and notices under which the www.devinecellars.com.au website is offered, including but not limited to the charges associated with the use of the www.devinecellars.com.au website.
VALIDITY OF MATERIAL
De Vine Cellars endeavours to ensure that all product descriptions, images and prices are accurate at all times. However due to the continual changes in product labeling and other variations by suppliers and reasons beyond our control, the website content may not fully reflect the available product(s) at a particular point in time.
All data, prices and images of products are for illustration and information purposes only and may change or be varied without notice. This is beyond the control of De Vine Cellars and all products, images and descriptions are offered on this website by De Vine Cellars in good faith and with the belief that all is correct at the time. Changes may occur from time to time which may not necessarily be reflected on this website and therefore De Vine Cellars reserves the right to make the necessary changes or updates to product descriptions and images.
Prices on the www.devinecellars.com.au website are subject to change without notice. The price payable for the goods shall be the price applicable on the date the goods are confirmed as ordered.
De Vine Cellars aims to include up to date pictures of the goods in the product list. At times, the pictures of the goods on the product list may differ from the goods actually supplied to you. De Vine Cellars does not warrant the accuracy of the information contained in the product list and recommends you read labels carefully before consuming the goods.
LINKS TO THIRD PARTY SITES
The www.devinecellars.com.au website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of De Vine Cellars and De Vine Cellars is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. De Vine Cellars is not responsible for web casting or any other form of transmission received from any Linked Site. De Vine Cellars is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by De Vine Cellars of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the www.devinecellars.com.au Website, you warrant to De Vine Cellars that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the www.devinecellars.com.au website in any manner which could damage, disable, overburden, or impair the www.devinecellars.com.au website or interfere with any other party’s use and enjoyment of the www.devinecellars.com.au website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the www.devinecellars.com.au website.
USERNAME AND PASSWORD
You must take responsibility for the safekeeping of your username and password. You are liable if your username and password are used by an unauthorized person. You release and indemnify De Vine Cellars in relation to any liability arising out of your username and password.
Pricing for all items within this web-site are quoted in Australian Dollars (AUD) unless otherwise stated. All items include a compulsory 10% goods and services tax (GST), unless exempt from GST. Any additional charges, such as delivery charges, when stated already include GST.
Pricing on all items is subject to change without prior notice.
De Vine Cellars are committed to protecting your privacy and abides by the National Privacy Principles in the Privacy Act 1988 (cth). Any information that you provide via our website will not be used for any purpose other than to process orders and for statistical analysis.
COPYRIGHT & TRADEMARK NOTICES
All contents of the www.devinecellars.com.au Website are: Copyright De Vine Cellars 2018 and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
TERMINATION & ACCESS RESTRICTION
De Vine Cellars reserves the right, in its sole discretion, to terminate your access to the www.devinecellars.com.au website and the related services or any portion thereof at any time, without notice.