TERMS OF USE

CAPITAL WINES ABN 12 110 654 718 TERMS OF USE.

In this policy, “us”, “we”, or “our” means Capital Wines Pty Ltd, ABN 12 110 654 718, operators of this website.

These terms of use govern your use of and access to this website. We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.

PURCHASING ONLINE

1. MINIMUM AGE AND LEGAL CAPACITY

Purchasing products or services on this website is restricted to individuals 18 years of age or older and are not for resale by a licenced person. Capital Wines is committed to the responsible service of alcohol provisions. 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’. Liquor Licence No. 11000524

While we endeavor to supply you with your requested wines, please understand that all wines are available only while stocks last. If a particular wine is not available you will be immediately notified.

2. DISPATCHED AND DELIVERIES

We endeavor to dispatch all of our wine orders within 3-4 working days of the order being placed. You will be advised if there is a substantial delay in sending your order.

All deliveries are via Australia Post. Deliveries to capital cities is within 1-2 working days from dispatch, all other areas (including Tasmania, Northern Territory and Western Australia) may take up to 12 working days.

Please contact us immediately if there is a problem with your delivery including product not arriving in good order.

3. PAYMENT

All orders on this website must be pre-paid before fulfilment. All orders are placed in Australian dollars.

In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider in circumstances where this is required.

4. PRICES AND TAXES

Prices are displayed in Australian Dollars and includes GST.

5. RETURN POLICY

In the case of purchase of a physical product from this website which satisfies one or more of the following cases we will gladly arrange a refund or exchange of the product:

The product received is not the product ordered

The product has been damaged in transit

Please contact us immediately if any of the above occurs to arrange a refund or exchange, contact must be made within 21 days of delivery to be eligible for a refund or exchange.

6. TAX INVOICE

Upon completion of your order, we will supply a Tax Invoice to you in the form of an email. Please ensure that the email address you have provided us is correct.

7. SECURITY

We use industry-standard SSL encryption where applicable to protect the privacy of information in transit between this website, yourself, and our suppliers including payment gateways.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

8. LIMITATION OF LIABILITY

Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from this website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.

GENERAL TERMS

1. ACCESS

While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any feature or service on the site at any time without notice.

We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

2. CONDUCT

You must not use, or attempt to use this website:

in breach of any applicable laws of the Commonwealth of Australia, or local laws in your jurisdiction

to impersonate any person or entity

to solicit money, passwords, personal information or other property from any person or entity

to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity

to publish or facilitate publication of personal information of a third party without their consent

to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so

to publish or facilitate publication of pornographic or offensive material

to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware

to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so

Breaching of these rules of conduct may result in termination of your access to this website and prevention of further access without warning or notice.

3. COPYRIGHT

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.

This website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:

Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act

Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser’s cache).

4. THIRD PARTIES

Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.

Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.

Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.

5. LIMITATION OF LIABILITY

Your use of this website is undertaken at your own risk.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.

By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.

In the case of goods or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.

CELLAR CLUB TERMS AND CONDITIONS

By joining our Cellar Club you agree that:

• You are over the age of 18.
• You will automatically receive wine as per your selection (one 6 pack per year is the minimum membership requirement).
• Member benefit discounts are not applicable to special release wines.
• You understand that price rises may occur.
• You authorise Capital Wines Pty Ltd (ACN 110 654 718) to debit your credit card according to you selection.
• You understand that you are required to be a Capital Wines Cellar Club Member for a minimum of 12 months.
• Cancellations must be received in writing no later than 2 weeks prior to the next scheduled delivery
• You agree to ensure that personal and credit card details are updated as they change, as Capital Wines will not take responsibility if wine is shipped to an old address.
• You agree to take responsibility for any extra charge for misdirected wine.
• You understand that your information will be kept and used for Cellar Club purposes only