Smidge Wines Pty Ltd - Terms and Conditions of Sale
AGREEMENT
All references to ‘Smidge Wines Pty Ltd’, ‘Smidge Wines’, ‘we’, ‘us’, ‘our’, means Smidge Wines Pty Ltd ATF the Smidge Trust ABN 57 706 121 485 and its successors and assigns; and ‘Website’ means the website smidgewines.com and any associated pages thereof. ‘You’ and ‘your’ means any person or entity purchasing or attempting to purchase or order any product or service either directly from or via us or the Website.
1. These Terms and Conditions of Sale and Purchase (herein the ‘Conditions’), together with any other documents noted herein form the entire agreement between you and us and may not be amended without our prior written approval, and the Conditions override any purchase order or other document provided by you.
2. These Conditions apply to all orders or purchases or attempted purchases made either directly from or via us or via the Website (herein the ‘Purchase’) and must be read alongside and are in addition to our Website Terms and Conditions of Use and our Privacy Policy).
3. We may change the Conditions at any time without notice to you and any change will be published on the Website (smidgewines.com) and any Purchase will be subject to the most recently published Conditions, including any Purchases made prior to any change and delivered subsequent to the change. If you do not agree to be bound by the Conditions, you may not place an order with us.
4. All prices quoted are subject to change without notice up to the time of invoicing by us, should any price change, from the ordered price, we will contact you prior to shipment to discuss options.
RESTRICTIONS
5. It is against the law for any person under the age of 18 to buy or attempt to buy alcohol, or for any person over the age of 18 to buy or attempt to buy alcohol for any person under the age of 18. We are committed to upholding our legal and social obligations in this regard. By making a Purchase you confirm that you and the recipient of the Purchase are at least 18 years old and are legally able to purchase alcohol. If our delivery persons are in doubt of the age of the recipient of a Purchase they will request some form of ID. In the event that this is not satisfied they are not permitted to leave or otherwise supply the Purchase, and additional delivery fees may apply for any subsequent delivery. Refunds or returns resulting from a non-delivery due to age related matters may not result in a full refund to you; we reserve to right to deduct any additional costs so incurred from any refund.
6. Because we may be providing alcohol in a Purchase, we may need to validate name, address, age and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Conditions you consent to such checks being made. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency which may keep a record of that information. This is done only to confirm your identity. A credit card check is not performed and your credit rating will be unaffected. If we cannot verify your age using this method we will contact you to ask for a driver licence number (or other evidence) in order to proceed with the Purchase.
7. Payment for all Purchases shall be either cash, EFT or approved credit or debit card. Purchases shall not be despatched until payment in full is received by us. Should we extend credit facilities to you, the Terms and Conditions for a Commercial Credit Account shall apply in addition to these Conditions.
8. We will provide a tax invoice for every Purchase, please quote the invoice reference in any correspondence regarding your Purchase.
PURCHASES & DELIVERY
9. All products and services are subject to availability. We reserve the right to accept or not accept any Purchase at any time, and we may do this even if we have received payment from you or sent you a tax invoice. Should the product or service you Purchase be not accepted by us, unavailable or we otherwise determine we are unable to supply, we will contact you and where possible offer alternatives to you. Should this not be possible or you choose not to accept an alternate, any monies paid by you will be refunded or credited to you within seven business days.
10. Purchases once accepted by us cannot be automatically cancelled by you. Should you wish to cancel a Purchase, contact us as soon possible via contactus@smidgewines.com and we will do our best to accommodate your request. Once any Purchase is despatched it may not be possible to cancel the Purchase.
11. We reserve the right to deliver a partial Purchase, and you agree to accept such delivery. A partial delivery shall not entitle you to cancel or otherwise amend the original Purchase. Where possible we shall attempt to contact you prior to such partial delivery and discuss options with you.
12. We deliver to most residential and business addresses in Australia, excluding post boxes, the Northern Territory or any location where there are restrictions on the sale or delivery of alcohol that may impinge upon our ability to so deliver.
13. We reserve the right to restrict deliveries or to withdraw services to individual customers' addresses if there are difficulties in delivery of your orders or in other exceptional circumstances.
14. Our deliveries are made by third party carriers. If you are not at home when your delivery arrives and do not give specific delivery instructions, the delivery driver will leave a notice indicating that they were unable to deliver the item, with details on how to go about receiving or collecting your missed delivery. Purchases not collected or delivered due to any reason will be returned to us and we will attempt to contact you to arrange further delivery. Please note there may be an additional delivery fee incurred should a Purchase require a subsequent delivery.
15. Excluding replacement of any Purchase that may have been damaged, we will not be responsible for any delay or non-delivery or loss or damage suffered by you that may have been caused by third party contractors.
16. Risk in any Purchase passes to you upon delivery of the Purchase as may be evidenced by the delivery provider’s normal method of delivery validation.
17. You must notify us as soon as possible, and in any event within 48 hours of delivery should any item either be damaged or not delivered as required by the Purchase.
REFUNDS & RETURNS
18. Any replacement or refund we make or offer is in addition to, and does not affect your legal rights in respect of any of our products or services. You have certain legal remedies if we breach those rights. Should you have any queries regarding your rights and our refund policies, please contact us via our “Contact Us” page.
19. To the extent permitted by law, we will only accept the return of a Purchase and bear the cost of freight if we either give you approval in writing for the return and acceptance of freight, or the items were delivered in error, or we are otherwise legally obliged to do so. In the event of any such return, we will nominate the method and timing of the return. Please contact us prior to making any return so we can make suitable arrangements.
20. You may return any Purchase to us within 30 days of delivery to you, with the return delivery at your expense, and at our absolute and sole discretion we may offer you either a credit or refund for the value of any Purchase that is so returned to us. All such returns must be in the same condition as first shipped to you by us. Please contact us prior to any such return so we can make suitable arrangements.
LIABILITY
21. Smidge Wines limits its aggregate liability under or in connection to the supply of specific goods and services under these Conditions to the aggregate price paid by you for the specific Purchase that gave rise to the liability. Our liability for any losses, damage or costs you suffer as a result of us failing to comply with these Conditions is strictly limited to any losses, damage or costs which are a foreseeable consequence of such failure. We are not responsible for any delay in, or failure of, performance of our obligations under these Conditions arising from any event which is outside of our control (for example, governmental act, war, fire, adverse weather conditions including snow, flood or storm, explosion or civil commotion, failure of a third party (other than our sub-contractors) or in information technology or telecommunications services, or industrial action), any effect of a pandemic or similar (whether declared or undeclared). In the event of a significant delay or failure, we will contact you and take reasonable steps to minimise the effect of the delay or failure. If you are unhappy with a delay which affects your order, you may cancel the order and receive a refund for any Purchase you have paid for but not received by contacting us. If you subsequently receive your order after cancelling it and getting a refund, you must let us know and allow us to collect the products you have received.
22. You indemnify us against any claims, complaints or liabilities of any nature arising out of or in connection with your breach of these Conditions or any negligence, reckless or wilful act or omission by you or any person you are responsible for with respect to any non-compliance with laws and regulation or the violation of the rights of any third party.
GENERAL
23. You specifically agree that you shall not sell, offer for sale, exchange or redistribute your Purchase in violation of any laws or regulations or to any person under the age of 18.
24. Should you provide a Purchase to any recipient as a gift, you must ensure the recipient abides by these Conditions and you accept full liability in all matters should the recipient breach these Conditions.
25. If any of these Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, that part is taken to be deleted from the Conditions and will not affect enforceability of the remaining provisions.
26. The failure or neglect by us to enforce any of our rights under these Conditions shall not be deemed to be a waiver of those rights.
27. We may freely transfer or assign any portion of our rights or delegate our obligations under these Conditions. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate you obligations under these Conditions without our prior written consent.
28. These Conditions set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
29. These Conditions are governed by and construed in accordance with the laws of the State of South Australia, Australia and all parties submit to the non-exclusive jurisdiction of the Courts of South Australia, Australia.
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