TERMS & CONDITIONS
This website and its contents are owned or licensed by John Duval Cellars Pty Ltd (JDW, we, us or our).
USE OF THIS WEBSITE
Under Australian laws, it is an offence to supply alcohol to persons aged under 18 years old and for such persons to purchase or receive liquor.
You may only use this website if you are aged 18 years or over, or otherwise over the legal drinking age in your country of residence. Please immediately exit this website if you do not meet these requirements.
AGREEMENT TO TERMS AND CONDITIONS
To the maximum extent permitted by law, these terms and conditions (Terms and Conditions) govern the use of this website, and we may amend them from time to time. Every time you use this website or post content or materials on it, you acknowledge to us that you:
(a) have read the Terms and Conditions as they stand at the time and agree to be bound by them; and
(b) are aged 18 years or over, or otherwise over the legal drinking age in your country of residence.
If any of these Terms and Conditions are illegal or unenforceable at law, they may be severed and the remaining Terms and Conditions will continue in full force and effect.
OUR INTELLECTUAL PROPERTY
Unless expressly stated otherwise, we own or are licensed to use all content appearing on this website (including trademarks, logos and copyright material). You must not use any trademarks, logos, copyright material or other content on this website, except with our express written consent or as permitted under applicable Australian and international laws.
CONTENT WE PROVIDE
Unless stated otherwise, we grant to you a personal, non-transferable, revocable and non-exclusive license to use any files that we expressly state are available for download on this website, for your own personal use. You must not copy, communicate to the public, modify, reverse engineer, or otherwise transfer any right in those files.
We cannot guarantee that any information (including any file) obtained from this website is free from computer viruses, other faults or defects. It is your responsibility to scan the information for computer viruses, and you assume the risk of any damage to your computer and associated equipment arising out of installation, downloading or use, of this website.
LINKS TO EXTERNAL WEBSITES
Our website may contain links to other websites or advertisements of goods and services available from third parties. We are not responsible for the content of those websites or advertisements, or any goods or services made available on them. Unless expressly stated otherwise, we are in no way endorsing, sponsoring or suggesting an affiliation with that party or their goods or services.
CONTENT YOU PROVIDE
You are fully responsible for any content (including any testimonials, comments, suggestions, ideas, graphics or any other material) that you provide to us for display on the website. We will not treat this content as confidential and we may use it for purposes which include advertising or marketing. By providing content to us, you grant us a licence to use that content in any way without payment or reference to you.
You agree not to use this website to post or display:
(a) content that you do not have the right to post or display, or that violates the intellectual property, confidentiality, privacy or other rights of any person or entity;
(b) content that is offensive, abusive, defamatory, discriminatory or false or misleading;
(c) advertising or promotional materials of any kind; or
(d) content that contains software viruses or anything harmful to this website.
We reserve the right to edit or remove any user content at any time.
YOUR PERSONAL INFORMATION AND PRIVACY
However, by supplying us with personal information through this website, you accept the inherent security risk of dealing online over the internet and agree not to hold us responsible for any breach of security, unless we have breached a law or been negligent or in wilful default of our duties to you.
When you register as a member of the JDW Wine Club you will receive login information and a password. You are responsible for maintaining the confidentiality of your password and the integrity of your account. You are responsible for any activities that occur using your account and you must immediately notify us if you become aware of any unauthorised use of your account.
We reserve the right to disclose information about users of this website to third parties, provided that the information is not personal information and will not identify any individuals.
PURCHASE OF GOODS FROM OUR WEBSITE
We support the responsible service of alcohol and you may only purchase alcohol from us or our associates if you are aged 18 years or over.
Goods will be despatched by JDW under SA Liquor Licence No. 50810154 and/or 57620275
You agree that:
(a) both you and the person(s) receiving a delivery of goods purchased from our website are aged 18 years or over;
(b) if you place an order for goods on our website, you enter into a contract with JDW for the supply of those goods. Each accepted order is a separate contract;
(c) JDW can accept or reject an order for any reason, including (without limitation) unavailability of goods, an error in the pricing, image or goods description, or an error in your order;
(d) all information and data you provide when ordering is accurate, complete and up to date, and you will promptly notify us of any changes to this information or data;
(e) all prices quoted for wine and other goods sold are displayed in Australian Dollars (AUD) and are inclusive of GST. Your freight and handling charges will be calculated and added to the purchase price before you are asked to place your order. Prices listed on this website are subject to change until you have paid for the goods;
(f) once you have placed your order, you may make payment by Visa, American Express & Mastercard. JDW will send you an electronic tax invoice/receipt via email when your payment has been processed;
(g) once the payment for your order has been processed, you will be unable to cancel it. JDW only accepts online orders from, and delivers to, mainland Australia and Tasmania;
(h) if you are using this website from outside Australia and/or wish to place an order for delivery outside Australia, please email email@example.com and JDW will arrange separately the terms of that order with you;
(i) The payment system on this website uses industry standard Secure Socket Layer (SSL) technology to encrypt and protect your credit card details;
(j) JDW will deliver your goods after it has have processed your payment. Delivery to Australian capital cities and surrounding suburbs is within approximately 14 working days. JDW will not deliver any goods to persons who cannot provide satisfactory evidence that they are aged 18 years or over. It is not responsible for any loss resulting from late delivery;
(k) JDW will use its best endeavours to ensure that goods are available for delivery, and in most cases will notify you if goods are unavailable before you place your order. However, in some cases this will not be possible and it will need to reject an order for goods after it has processed your payment. In these cases, it will refund you in full all amounts you have paid for the unavailable goods;
(l) JDW cannot provide rainchecks for products ordered from our website;
(m) once the goods have been delivered to the nominated delivery address, you assume all risk and title in the goods (including the risks associated with storing the goods); and
(n) JDW will comply with all Australian laws that relate to the delivery of wine that has been ordered from our website.
COMPETITIONS & PROMOTIONS
Any promotions or offers for items advertised on our website are available while stocks last unless otherwise advertised.
RETURNS, REFUNDS AND COMPLAINTS
If for any reason you are not completely satisfied with your purchase, please email us at firstname.lastname@example.org or telephone +61 8 8562 2266 so that we can resolve any problem.
Your rights under the Australian Consumer Law are not affected by these terms and conditions, namely our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
JDW will accept and replace faulty and/or out of condition goods or goods that are wrongly described or breach a consumer guarantee returned by you provided that the goods were not broken or damaged after delivery and you notify JDW of your intention to return the goods within 7 days of delivery. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return (only when JDW is at fault or have breached a consumer guarantee. In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the you).
LIMITATION OF LIABILITY
We provide this website on an “as is” basis. We will take all reasonable steps to ensure that this website is accurate, but make no representation as to its accuracy, completeness, currency or the reliability of the content.
To the maximum extent permitted by law, all warranties and implied terms are excluded from these Terms and Conditions. To the extent that we or JDW breaches these Terms and Conditions or any warranty or term implied in these Terms and Conditions, ours and JDW’s liability is limited to, at our respective discretion:
(a) replacement of the goods or supply of equivalent goods; or
(b) payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services:
(c) supply of the services again; or
(d) payment of the cost of having the services supplied again.
To the maximum extent permitted by law, you also waive any and all claims that you may have against us, JDW or our respective related companies otherwise arising out of your use of this website.
The laws of South Australia, Australia, govern these Terms and Conditions.