Part 1 – Irvine Wines Website – Terms and Conditions
Use of our website is subject to terms and conditions governing our relationship with you, both when you access our website; and when you purchase products from us. By continuing to use the Website in any way, or by buying from us, you agree that you have read and understood, and agree to be bound by these terms and conditions.
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
Irvine Wines is
Address: 355 Basil Roeslers Road, Eden Valley, South Australia 5235
Phone number: +61 8 85641046
- In this agreement:
” Website” means and includes the entire computing hardware and software installation that is or supports this website.
“Irvine Wines“, “we“, “our“, or “us” means Haslemere Vineyards T/A Irvine Wines ABN 73 585 980 101 and “you” or “your” means you, the user or customer.
- Access to Website
2.1 By accessing this Website, using the services offered on the Website, or purchasing goods from us, you confirm that you have read, understand, accept and agree to these terms and conditions. The terms and conditions form a binding agreement between you and Irvine Wines for the provision of access to the Website, the services available from the website and the purchase of goods from us. If you disagree with any of the terms and conditions, you must stop using the website and navigate away from it.
2.2 Irvine Wines may change these terms from time to time.
2.3 Any changes to the terms and conditions will be displayed on the Website under the heading ‘Terms and Conditions’, and will be highlighted in bold for a period of 14 days following the changes being made. You must stop using the Website if you do not agree to any change in our terms and conditions. You are deemed to accept the changes if you continue to use the Website after the changes have been made available on the Website.
2.4 It is your responsibility to check the terms and conditions for changes when you use the Website. Irvine Wines does not have any responsibility to inform you of changes beyond the requirements in clause
3.1 Irvine Wines or our content suppliers may make improvements or changes to the Website, or the content, at any time and without advance notice. Irvine Wines do not make any guarantee regarding your ability to access the Website, which may from time to time not be accessible.
3.2 The Website may include technical inaccuracies or typographical errors. This is inevitable in any website. Please bring to our immediate attention any that you find.
3.3 To the greatest extent permissible by law, Irvine Wines give no warranty and make no representation, express or implied, as to:
3.3.1 the adequacy or appropriateness of any goods or services for your particular needs or purposes;
3.3.2 the truth of any content on the Website published by someone other than us;
3.3.3 any implied warranty or condition as to merchantability or fitness of any goods or services for a purpose other than that for which they are commonly used;
3.3.4 compatibility of the Website with your equipment, software or telecommunications connection.
3.4 the Website contains links to other Internet websites outside our power and control. You acknowledge and agree that Irvine Wines shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website
3.5 Irvine Wines is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Website or the purchase of goods or services.
3.6 In any event, if any term or condition or obligation on our part is implied into these conditions by law then our liability is limited (at our election), to the maximum extent permitted by law, to the value of the goods or services you have purchased, or the resupply of those goods or services.
- Content and Intellectual Property Rights
4.1 The content and design of the Website, and the typeface, imagery and logos used to depict the goods on our Website form part of our intellectual property. Irvine Wines will defend the intellectual property rights in connection with our goods and the Website, including copyright in the content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
4.2 Irvine Wines owns copyright in the designs and compilation of all content of the Website. Title and ownership rights shall remain the sole property of us or another content provider. Irvine Wines will protect those rights in all countries.
4.3 Unless specifically authorised by us, or otherwise allowed by the laws of Australia, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
4.4 You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
- System Security
5.1 Irvine Wines will do its best to maintain the Website so that you have constant use, but there will be times when your use may be interrupted.
5.2 You agree that you will not, and will not allow any other person to:
5.2.1 use the Website for any purpose other than those permitted by us;
5.2.2 use the Website for any illegal, unlawful, improper or infringing purpose (including the supply of alcohol to minors, or into areas in which the supply of alcohol is restricted or prohibited);
5.2.3 use spiders, data scrapers, viruses or other software which may threaten the integrity and security of the Website;
5.2.4 upload, transmit, post or share any virus or similar computer code or software that may cause damage to, or violate the privacy of Irvine Wines’ data or the data of our customers;
5.2.5 make requests of the Website at an unreasonable frequency that Irvine Wines determine compromises our ability to provide the Website to other customers;
5.2.6 attempt to copy, reverse engineer or otherwise utilise the Website.
5.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
5.4 You agree to use the Website in accordance with any and all applicable laws and regulations relating to your use of the internet in the state or territory in which you live, and of this agreement.
To the greatest extent permissible by law, you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Website, your posting any material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
- Miscellaneous provisions
7.1 When Irvine Wines communicates with you we will do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
7.2 Where Irvine Wines provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
7.3 Nothing in this agreement or on the Website shall confer on any third party any benefit or obligation.
7.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.
7.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
7.6 If a dispute arises out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
7.7 Irvine Wines is not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes or civil unrest, and restrictions imposed by law or regulation anywhere in Australia.
7.8 This Agreement and any transactions governed by it will be governed by and construed in accordance with the law of South Australia. You submit to the exclusive jurisdiction of courts in South Australia.
7.9 This agreement records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.
7.10 You may not assign, delegate or novate this agreement to any other person or body corporate without our written authority.
7.11 Irvine Wines retains the right to assign, delegate or novate this agreement without notice.
Part 2 – Ordering and Purchase of Wine – Terms and Conditions
- Basis of agreement
1.1 The following terms and conditions apply when you purchase or attempt to order or purchase wine or wine products through our website. In those circumstances the order and the subsequent agreement for the sale and purchase is governed by and subject to –
1.1.1 these Part 2 – Ordering and Purchase of Wine – terms and conditions, and
1.1.2 the Part 1 – Irvine Wines Website – terms and conditions.
1.2 By buying or attempting to buy from us, you agree that you have read and understood, and agree to be bound by these terms and conditions.
1.3 It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years, and by placing or attempting to place an order for Goods you warrant that you are 18 years or older.
1.4 ‘Goods’ means any of the Goods which Irvine Wines make available for sale on our Website.
- Availability of the Goods, and confirmation of orders
2.1 Whilst Irvine Wines makes every effort to ensure the accuracy of our website, orders will not be finalised and no contract comes into existence until you receive an e-mail from us confirming your order. Irvine Wines has no obligation to supply Goods to you until we have provided you with order confirmation.
2.2 Irvine Wines cannot guarantee that Goods advertised on our website are available at the time you place your order.
2.3 If Irvine Wines does not have all of the Goods you order in stock, Irvine Wines will offer you alternatives. If this happens you may:
2.3.1 accept the alternatives Irvine Wines offers; or
2.3.2 cancel all or part of your order.
2.4 If in future, you buy Goods from us under any arrangement which does not involve payment via our Website, these terms still apply.
- Price and Payment
3.1 All prices are in Australian Dollars and include Australian Goods and Services Tax (GST).
3.2 Irvine Wines endeavours to keep our website and catalogue prices updated and accurate but it is possible that the price may be inaccurate or be in error, or have increased from that published on the Website or otherwise. If that happens, Irvine Wines will not send your order until you have confirmed that you wish to order at the new or corrected price, and Irvine Wines is not obliged in any way to sell any Goods to you at an incorrect price that was displayed on our website in error, even if your credit card has been charged.
3.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
4.1 Deliveries can only be made to an Australian address.
4.2 Deliveries will be made by a carrier instructed by us to deliver to the address specified in your order. If Goods are to be left at an address with no person present to sign for the delivery, you must instruct us of a safe and secure area for the Goods to be left. Irvine Wines takes no responsibility for Goods once been delivered under such authority to leave. The delivery must be addressed to the adult who placed the order (including their name in the instructions) or to that of another adult accepting the order on behalf of the person placing the order, and our carrier will be instructed not to leave Goods with any person whom it believes is less than 25 years old unless they produce proof of age.
4.3 Irvine Wines is unable to deliver Goods to certain areas in which the supply of alcohol is restricted or prohibited by law or regulation. You warrant and agree that you will not order or attempt to order Goods from, or to be delivered to, an area in which such a restriction is in place, and agree to indemnify us from any loss or liability arising from an order for delivery to a restricted location.
4.4 If Irvine Wines is not able to deliver your Goods within 20 days of the date of your order, Irvine Wines shall notify you by e-mail to arrange a later date for delivery and will give you the option of cancelling your order.
4.5 Irvine Wines may deliver the Goods in instalments if they are not all available at the same time for delivery, unless you specifically instruct us otherwise at the time of order.
4.6 Goods are sent at our risk until signed for by you or any other person or left at the address you have given to us, or until they are left by our carrier under authority to leave, in accordance with clause 4.2 above, for which appropriate confirmation can be provided by the carrier.
- Cancellation of order
5.1 You may cancel your order at any time up to the day before we despatch your order, in which case Irvine Wines will refund to you the price of the Goods and the cost of delivery, if any.
5.2 Irvine Wines will endeavour to refund any money owed to you due to you cancelling an order within 14 days of us receiving notice of your cancellation.
- Goods return
6.1 Irvine Wines’ most important task is to ensure your absolute satisfaction. Irvine Wines will always strive to reach that target. However, Irvine Wines acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
6.1.1 exactly what is the fault;
6.1.2 the date, if relevant, when the fault became apparent;
6.1.3 when and how you discovered the fault;
6.1.4 how the fault affected your use of the Goods;
6.2 To allow us to assess the fault, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:
6.3 You must tell us by email message to email@example.com that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. Irvine Wines will then issue a returns note. If you send goods to us without a returns note, Irvine Wines may not be able to identify sufficient details to enable us to attend to your complaint.
6.4 The Goods must be returned to us as soon as any defect is discovered.
6.5 So far as possible, Goods should be returned:
6.5.1 with both goods and all packaging as far as possible in their original condition;
6.5.2 securely wrapped; and
6.5.3 at your risk and cost.
6.6 On receiving the Goods, Irvine Wines will assess them, and determine if there is a fault. If Irvine Wines deem that there is a fault, Irvine Wines may, at our absolute discretion, provide you with a refund, replacement Goods, or other remedy of our choosing. Irvine Wines will not be responsible for damage to Goods caused through extreme temperatures or temperature variations by being left outside in accordance with an authority to leave under clause 4.2.
7.1 Irvine Wines or our Content suppliers may make improvements or changes to Goods supplied by Irvine Wines, at any time and without advance notice.
7.2 To the greatest extent permissible by law, Irvine Wines give no warranty and make no representation, express or implied, as to:
7.2.1 the adequacy or appropriateness of the Goods for your particular needs or purposes;
7.2.2 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
7.3 Irvine Wines is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Website or the purchase of Goods.
7.4 In any event, including the event that any term or condition or obligation on our part is implied into these conditions by law then our liability is limited (at our election), to the maximum extent permitted by law, to the value of the goods or services you have purchased, or the resupply of those goods or services.