Conditions of Use
Polperro Winery Pty Ltd – ABN 89 257 989 064
Liquor Licence No: 36107884
Subject to the provisions of the Liquor Control Reform Act 1998
Under the Liquor Control Reform Act 1998 it is an offence to supply alcohol to a person under the age of 18 years (Penalty $2,000) and/or for a person under the age of 18 years to purchase or receive liquor. (Penalty $500)
Please read the following terms and conditions carefully before placing your order with Canberra Onshore Pty Ltd.By completing the customer application process and using the services provided by Canberra Onshore Pty Ltd, you acknowledge that you have read and understood these terms and conditions and agree to be bound by the terms and conditions of this Agreement.Henceforth, Canberra Onshore Pty Ltd shall be referred to in this agreement as Even Keel wines.
Table of Contents
1. Glossary of Terms 2. The agreement 3. Purchase orders & delivery of goods 4. Risk & title 5. Price of goods & payment 6. Out of stocks & substitution 7. Packaging & labelling of goods 8. Licence 9. Intellectual property rights 10. Liability 11. Security 12. Notification of changes 13. Privacy 14. Termination 15. Notices 16. Promotions & Clearances 17. Product Availability 18. Miscellaneous
1. Glossary of Terms
"Agreement" means an agreement between the customer, you, and Even Keel wines to supply Goods. The Agreement consists of the Order and the Terms & Conditions. "Conditions" means these Conditions and any agreed written variations. "Delivery Address" means the address to which the Goods are to be delivered as stated on the Order. "Goods" means Goods described in an Order and includes packaging. "Intellectual Property Rights" includes all rights in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise. "Order" means an order by you to purchase Goods from Even Keel wines. “Case” is the finished package delivered whether it be a 2 pack, 6 pack or dozen. "Personal Details" includes, but is not limited to Your name, Delivery Address and payment details. "Product List" means the list of Goods displayed on the Even Keel wines website as amended from time to time. "Shipping" means the fee payable to Even Keel wines in respect of delivery of the Goods and handling costs associated with processing your Order as advised by Even Keel wines from time to time.
2. The Agreement
The entire Agreement between you and Even Keel wines for the purchase of Goods by you from Even Keel wines is inclusive of both these conditions and the terms of the order. Each Order is a separate agreement. The agreement exists between you and Even Keel wines once Even Keel wines receives and accepts your order. Each order may be accepted by Even Keel wines in its absolute discretion.
3. Purchase orders & delivery of goods
3.1 Delivery Area In order to purchase Goods from Even Keel wines, the Delivery Address which you nominate will need to be within a location where Even Keel wines provides delivery services. Even Keel wines will advise you if the Delivery Address which you nominate ceases to be in an area where Even Keel wines delivers goods. Even Keel wines will not be obliged to continue to deliver Goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not in an area within which Even Keel wines delivers goods.
3.2 Orders You will place an Order with Even Keel wines by:
a. selecting Goods on Even Keel wines's website, entering your Personal Details and pressing the "submit for processing" button; or b. selecting Goods and instructing Even Keel wines by telephone that you wish to purchase the Goods, and providing your Personal Details to Even Keel wines; or c. selecting Goods via downloadable order form and instructing Even Keel wines by facsimile that you wish to purchase the Goods, and providing your Personal Details to Even Keel wines; or d. selecting Goods and instructing Even Keel wines by e-mail that you wish to purchase the Goods, and providing your Personal Details to Even Keel wines; or e. selecting Goods via downloadable order form and instructing Even Keel wines by regular mail that you wish to purchase the Goods, and providing your Personal Details to Even Keel wines.
3.3 Authorised Receipt of Goods Anyone at the Delivery Address who receives the Goods shall be presumed by Even Keel wines to be authorised to receive the Goods on Your behalf. Even Keel wines may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. Even Keel wines will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years or to persons who fail to provide proof of age satisfactory to Even Keel wines that the person is aged eighteen (18) years or over.
3.4 Delivery Requirements Even Keel wines 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 your behalf, 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.The person responsible for delivering liquor may refuse to deliver the liquor to any person who fails to provide proof of age satisfactory to the person responsible that the person is aged eighteen (18) years or over.
3.5 Additional Delivery Fee If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered Even Keel wines may charge You and You may be required to pay an additional fee.
4. Risk and Title Risk and title in the Goods passes to You upon delivery of the Goods to the Delivery Address.
4.1 Returns or Refunds If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the Even Keel wines office on 0402 217 907 and we will assess your request for a credit, refund or exchange of product of the purchase price.
5. Price of Goods and Payment
5.1 Price of Goods Subject to clause 5.2 the price you shall pay for the Goods at the price specified on the Product List at time that Goods are confirmed as ordered. You also agree to pay the delivery and handling fee (when applicable) in respect of each Case Ordered and all taxes, including goods and services tax, which Even Keel wines is required to collect from you. “all prices are quoted in Australia dollars AUD”
5.2 Variation Even Keel wines’s prices are subject to variation without notice. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.
5.3 Method of Payment Payment upon Placement of Order You shall pay for the Goods at the time of despatch of your Order. You may use your credit card (Bankcard, MasterCard and Visa) Cheques may be accepted at Even Keel wines discretion. Even Keel wines may accept cash payment for the Goods purchased at Even Keel wine’s discretion.
Shipping and Delivery Policy We deliver products Australia wide using Australia post. Shipping costs are influenced by the size and weight of the product and your location, exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are dispatched within 2 business days and shipping times are estimated at between 3-7 business days depending on your location within Australia.
Customer Service Policy "If for any reason we are unable to dispatch your order we will notify you within 2 business days" Even Keel is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 3-10 business days; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
Security Policy When purchasing from Even Keel your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre [firstname.lastname@example.org]
6. Out of stock & substitutions
6.1 No Rainchecks Even Keel wines will not provide rainchecks in respect of Goods ordered by you.
6.2 Substitution Policy Even Keel wines will use its best endeavours to ensure that all Goods ordered by you are supplied to you. If the goods ordered by you are not readily available in stock, whenever possible Even Keel wines will offer to you a comparable product of equal or greater value.
7. Packing and Labelling of Goods Even Keel wines aims to include in the Product List up-to-date pictures of the Goods. At times, the pictures of the Goods on the Product List are for illustrative purposes only. Even Keel wines does not warrant the accuracy of information contained on the Product List and recommends that you read the label on Goods carefully before consuming the Goods.
8. Licence You are licensed to use the Even Keel wines website on your computer for your use in purchasing Goods from Even Keel wines. You acknowledge that you are not permitted to make any other use of the Even Keel wines website unless given prior written authorisation by Even Keel wines.
9. Intellectual Property Rights You acknowledge that Even Keel wines or its related corporations own or are licensed to use all Intellectual Property Rights in Even Keel wines (including, but not limited to, any images, photographs or text which appears on the website). You agree that you will make no representation to the contrary, and that you must not use or copy Even Keel wines in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
You acknowledge that any trade marks or logos which appear on the Even Keel wines website are owned by or licensed to Even Keel wines or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
10. Liability You acknowledge that Even Keel wines’s evenkeelwines.com service is provided "AS IS" and that Even Keel wines is not making and has not made any warranty or representation as to Even Keel wines's suitability of Goods for any particular purpose.
To the extent permitted by law, you agree that any liability of Even Keel wines 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 Even Keel wines’s evenkeelwines.com will be limited to:
a. if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; an b. if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
You agree that the entire risk arising out of installation, downloading, use or performance of Even Keel wines’s evenkeelwines.com remains with You. To the extent permitted by law, You release and discharge Even Keel wines 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 Even Keel wines or this Agreement, including, without limitation, loss or damage caused by the negligence of Even Keel wines or its related corporations.
11. Security If you are issued with a PIN or password by Even Keel wines you agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and forever indemnify Even Keel wines in relation to any liability howsoever arising out of the unauthorised use of your PIN or password.
12. Notification of changes Even Keel wines may add to, delete, or otherwise change any of the terms of this Agreement. Even Keel wines will notify you of any substantial changes to these terms & conditions as provided in Clause 15. Your use of the evenkeelwines.com service after notice will constitute your deemed acceptance of such changes.
14. Termination Even Keel wines may terminate this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that your shopping privileges have been removed. If this occurs, please contact the Even Keel wines office on 0402 217 907 for advice or to place an order. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
15. Notices Even Keel wines may give notice to you by electronic mail or by regular mail to your address contained in the membership registration information provided by you. You may give notice to Even Keel wines by electronic mail to email@example.com
16. Promotions & Clearances All specials, promotions, clearances, offers and discounted items advertised on the Even Keel wines website are available only while stocks last unless otherwise advertised. All terms and conditions of specials, promotions, clearances, offers and discounted items advertised on the Even Keel wines website shall apply. No special orders are available on specials, promotions, clearance, offers and discounted items advertised on the Even Keel wines website.All specials, promotions, clearances, offers and discounted items appearing on evenkeelwines.com exclude customers living outside of Australia.
17. Product Availability Due to Liquor Licensing restrictions certain Goods will not be available for sale in the following areas; * South Hedland * Kununarra * Broome * Chinatown and * Seaview
Due to a Licensing Accord certain Goods will be unavailable for purchase during certain times in Kalgoorlie.
Even Keel wines reserves the right not to sell certain Goods to any person to which, or in any location where, the sale of certain Goods is restricted or prohibited.
18.1 Provisions are severable Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
18.2 New South Wales Law Applies The laws of New South Wales govern this Agreement.