TERMS & CONDITIONS
MEDHURST WINES PTY LTD, ABN 64 104 626 548 (“the Supplier”)
These Terms and Conditions (“T&Cs”), and no terms and conditions of the Customer, will apply to any supply of Goods and/or Services by the Supplier to the Customer.
‘Claim’ means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;
‘Confidential Information’ means information, whether in visual, oral, documentary, electronic, machine-readable, tangible, intangible or any other form, relating to the Supplier or any related entity of the Supplier including but not limited to any information relating to any business, products, markets, operations, processes, techniques, technology, forecasts, strategies or any other matter.
‘Contract’ means a contract formed as a result of the acceptance of an Order by the Supplier.
‘Control’ has the meaning set out in the Corporations Act 2001
‘Customer’ means the customer set out in any quotation, order, offer or other document provided by the Supplier
‘Delivery Address’ means any delivery address in a Contract.
‘Delivery Date’ means any delivery date in a Contract
‘Goods’ means the goods in a Contract
‘Intellectual Property Rights’ means any present or future rights conferred by statute, common law or equity in any part of the world in relation to any confidential information, copyright, trademarks, service marks, designs, patents, plant varieties, business names, domain names, inventions, trade secrets or other results of intellectual activity in any industrial, commercial, scientific, literary or artistic fields.
‘Liability’ means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees)
‘Order’ means any written or verbal order by the Customer to the Supplier for Goods and/or Services.
‘Personnel’ means any employee, servant, contractor, subcontractor, agent, partner, director or officer of a party;
‘Price’ means the price of the Goods and/or Services (including but not limited to any delivery or other charges);
‘Services’ means the services in a Contract and any services associated with the Goods.
1.1 Pricing is in Australian Dollars [AUD] and inclusive of GST (Goods and Services Tax), unless otherwise stated.
ORDER FOR GOODS / SERVICES
2.1 VIC Liquor Control Reform Act 1998: Under the Liquor Control Reform Act 1998 for Victoria, it is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $6000) -
For a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500)
Medhurst Wines Pty Ltd Holds Victorian Vigneron's Licence No. 32452766.
2.2 Any Order by the Customer to the Supplier and/or any acceptance of any Goods and/or Services by the Customer will constitute agreement to these T&Cs by the Customer.
2.3 If the Supplier accepts an Order, the parties will have created a binding Contract and the Supplier will supply the Goods and/or Services to the Customer, and the Customer will pay the Price to the Supplier in accordance with the terms of the Contract (which will include these T&Cs).
2.4 The Customer is not entitled to cancel any Contract and must pay to the Supplier any costs associated with the Customer purporting to cancel a Contract.
2.5 The Customer must ensure the specifications or properties of Goods and/or Services stated in any Order by the Customer will be fit for the intended purpose of the Goods and/or Services.
2.6 The Supplier will be entitled to rely on the accuracy of information provided by the Customer. If there are any errors in information provided by the Customer to the Supplier, the Supplier will be entitled to vary the Price.
2.7 The Supplier may cancel any Contract at any time prior to delivery of the Goods and/or Services with no liability other than to repay any amount of the Price paid in advance of the cancellation.
DELIVERY OF GOODS
3.1 Delivery tariff is indicated on the shopping cart page of the website.
3.2 All deliveries must be in units of 6 bottles.
3.3 All deliveries are via Australia Post. All wine orders can be delivered to any nominated address, including Post Office boxes.
3.4 The Supplier may deliver any Goods to any person at the Delivery Address who has apparent authority to receive delivery of the Goods. In the event no Customer accepting delivery of Goods is at the Delivery Address, and there are no delivery instructions, Australia Post will leave a card in the post box directing the Customer to collect the Order/s from a nominated Post Office.
3.5 Delivery to capital cities is within 5-7 working days. Other areas (including, but not limited to, Tasmania and Northern Territory) may take up to 10 working days.
3.6 The Supplier will endeavour to deliver the Goods to the nominated Delivery Address on the Delivery Date; and may charge further delivery charges if the Customer is unable to receive delivery of the Goods at the Delivery Address or on the Delivery Date.
The Supplier will not be liable for any delay in the delivery of Goods to the Delivery Address.
3.7 International Delivery - We cannot offer international shipping.
3.8 Stock Availability - The Customer orders with the understanding wine is available only while stocks last and may be subject to change. In the event that we have sold out prior to your transaction, we will contact you to arrange an alternative order or a refund.
3.9 Packaging - All wine is securely packaged using durable cardboard boxes.
REFUND OF GOODS
4.1 The Customer is to inspect any Goods immediately on delivery of the Goods and will be deemed to have accepted the Goods unless the Customer provides immediate written notice to the Supplier that the Customer rejects the Goods and requires a refund.
4.2 Corked Wine - Cork taint is insidious and can affect a small percentage of wines. Should you discover that one of your Medhurst wines is corked, please contact us and we will arrange for a replacement bottle to be sent to you.
4.3 Returns - If your wine has been broken or damaged in transit, please contact us immediately to request return instructions, and ensure that all original packaging is retained in case of the need to return.
CONFIDENTIAL INFORMATION & INTELLECTUAL PROPERTY
5.1 The Customer will not use, or disclose to any third party, any Confidential Information disclosed to the Customer.
5.2 No supply of Goods and/or Services to the Customer will grant to the Customer any Intellectual Property Rights in respect of the Goods and/or Services.
5.3 Refer below to the Medhurst Privacy & Security Policies for all details regarding Confidential Information.
Privacy Collection Statement
Medhurst Wines is committed to ensuring your privacy.
The purpose of this document is to inform you about our personal information management policies and to meet our obligations under the National Privacy Principles in the Privacy Act 1988.
To the extent that we are required by law to obtain your consent for any of the activities below, by disclosing your personal information to us, using any of our services or using our web site, you are indicating that you consent to the collection, use and disclosure of personal information about you on the terms contained in this policy statement.
Information we collect
In general, the type of personal information we may collect and hold about you includes:
- your name;
- your addresses (including e-mail addresses);
- your other contact details (including mobile numbers);
- details regarding your occupation, job position and industry;
- details regarding your preferences and interests;
- details regarding your purchase of our products and services; and
- other information which assists us in conducting our business, marketing our products and services and meeting our legal obligations.
How we collection information
We may collect this information from a number of sources including:
- directly from you such as when you:
- contract and correspond with us;
- register your details with us (such as on our websites);
- enter activities, competitions and promotions;
- contract and correspond with us;
- for marketing purposes, from business associates, potential clients and other third party sources
- How we use the information we collect
- We may collect information about you so that we can provide you with customised products and services, to keep you up-to-date with our events, activities
and promotions, to market to you and/or to better understand your requirements and preferences.
- Other collection purposes are to:
- conduct our business;
- conduct our promotions and competitions;
- record entries and results in competitions;
- communicate with you;
- create generic depersonalised profiles;
- analyse and aggregate your preferences and interest for various purposes such as benchmarking, market research and product and service analysis;
- comply with our legal obligations; and
- generally help us manage and enhance our products and services.
We may use and disclose your personal information for the above primary purpose for which it is collected and for reasonably expected secondary purposes and in other circumstances authorised by the Privacy Act 1988 (Cth).
Disclosure of personal information
From time to time, we or our contractors or service providers may disclose personal information about you to third parties such as:
- technology and administrative service providers and outsourcing contractors;
- other companies or individuals who assist us in providing products and services or who perform functions on our behalf (such as mailing houses and
- third parties with whom we or one of our contractors have a business relationship for the purpose of them providing products and services to you and
marketing to you;
- marketing and advertising agents;
- our related or associated companies;
- court, tribunals and regulatory authorities;
- police and other law enforcement agencies; and
- anyone else to whom you authorise us to disclose it.
A cookie is a small message given to your web browser by our web server. The browser stores the message in a text file, and the message is then sent back to the server each time the browser requests a page from a server.
Access to Personal Information
We take every reasonable precaution to ensure that personal information we hold is secure and protected from misuse, loss, unauthorised access, modification or disclosure.
If at any time you believe the personal information we hold is not accurate, complete and up-to-date, please let us know and we will take reasonable steps to correct it.
If you would like to know more about how we handle personal information or update, delete or access personal information we hold about you, please contact our Privacy Officer on:
Phone: 03 5964 9022
Address: 24 – 26 Medhurst Rd Coldstream 3770, Victoria
SECURITY POLICY - MEDHURST WINES PTY LTD, ABN 64 104 626 548
Medhurst Wines wants to ensure that you can purchase with complete confidence online. We have taken every possible measure to give you absolute security and confidence in your dealings with us. Medhurst Wines has a secured transaction environment for commerce on the internet. Our online transaction system uses Secure Socket Layer Technology (SSL) to ensure your online shopping experience is safe, sound and secure at all times.
With the combination of medhurstwines.businesscatalyst.com.au Version SSL 128-bit encryption on our website and a secure browser at your end, you can be assured that your transaction booking details are encrypted. SSL locks all information passed from you to medhurstwines.businesscatalyst.com.au in an encrypted envelope. This makes it almost impossible to be intercepted by an unauthorised party, as long as your browser and local network support the use of encrypted data systems.
SSL is the system that is used by all reputable e-commerce sites. The Industry standard for encryption technology, SSL is compatible with Internet Explorer, Mozilla Firefox, Safari, Opera and most other browsers.
If you are concerned about using your credit card online, you can contact us for more information and assistance.