Terms Of Sale
This Website, www.dukesvineyard.com (“Website”), is owned and operated by Cane & Date Pty Ltd (ACN 655 619 239) with its licensed premises situated at 1385 Porongurup Road, Porongurup, Western Australia 6324.
In these terms of sale, we will refer to Cane & Date Pty Ltd as “Duke’s Vineyard”, “we”, “us” and “our”.
Disclaimer: Liquor Licence No. 6180083840 (Producer’s). 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.
Acceptance of Website Terms and Conditions of Use
By using our Website, you agree to abide by these terms of sale. These terms of sale apply in relation to the purchase of wine and any other items on our Website. These terms of sale are in addition to the Website terms and conditions.
We may, without notice, amend or modify these terms and conditions by posting the amended terms of sale to our Website.
If any of these terms and conditions are found to be invalid or unenforceable, that invalidity or unenforceability will not affect the remainder of these terms and conditions, which will continue in full force and effect.
All prices are subject to change without notice, including due to market and currency fluctuations, changes in duty, GST and other government charges and current stock levels.
Wines available, including their vintages, may change suddenly depending on supply and our stock levels.
If the stocked vintage changes before you receive your order, where possible, we will contact you to inform you of the change to the vintage and determine if you still want the product.
If your order includes a product that is not available, we may contact you and provide suggestions on another product as near as possible in style, quality and price.
Our Website includes an electronic shopping cart. In the event that you commence but do not complete a transaction, we or our agents may use the information you have entered to contact you by email to either:
(a) remind you that the transaction remains incomplete; or
(b) understand why the transaction did not complete (‘Follow Up Email’).
By using our Website, you consent to receiving such Follow Up Emails. If you do receive a Follow Up Email, you can request that we do not make further contact regarding the incomplete transaction.
When placing an order via the Website, you confirm that all the details that you have provided in completing the order and offer to purchase the liquor are true and correct. It is a condition of purchase that you are, and that you verify that you are, 18 years old or older. If you do not confirm that you are 18 years old or older, your order will not be processed.
Your receipt of an electronic or any other type of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time, without prior notice to you, to supply less than the quantity you ordered of any item.
All orders placed must obtain pre-approval with an acceptable method of payment.
Customers placing orders over a certain amount may be asked to provide additional information or verification before their order is accepted for processing.
Secure Online Payments
You must pay for your goods at the time of your order.
[details of payment gateway and their terms – WithWine to populate]
The payment gateways we use may charge a merchant fee. You agree to pay that or, if it is charged to us, reimburse us at the time of your order.
We support the responsible service of alcohol.
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. Duke’s Vineyard holds a Producer’s Licence number 6180083840 under the Liquor Control Act 1988 (WA).
If you are a Northern Territory resident or ordering for delivery to the Northern Territory the listing of a product on the Website does not constitute an offer to sell that product to you. Prior to any offer or acceptance, additional price checks will be completed and the price of the product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation. This may change the final price calculation for your order.
We prefer that all deliveries are delivered to a real person who shows ID that they are 18 years old or older, and that person signs for the delivery. We will not deliver your order to an intoxicated person, to a liquor restricted premises or to a liquor restricted community.
If a person isn’t at the delivery address, we may redirect it, send it to a post office for your collection, attempt to redeliver it, or cancel your order as we see fit. We may charge a reasonable amount on account of our costs of processing the redelivery or cancellation as appropriate.
You may consent in your order that is can be delivered without requiring a signature on delivery. If you do this, we will not be responsible for the order once the deliverer, courier or postal service delivers the order to the delivery address. Risk of loss of or damage to your order passes on delivery, including where delivery is to unattended locations (such as locations which are not attended by any person or which are attended by a person who is not acting on your behalf).
Your order will only be delivered during the hours permitted by our liquor licence.
All delivery times are estimates only. We will not be liable for late deliveries or any loss or damage relating to late deliveries.
If you elect to collect from the cellar door, then any payment is a prepayment for your order. The order will be accepted and completed at the time you collect your order. If you do not collect your order within a reasonable time, we may cancel your order.
If you wish to change or cancel your order please contact us as soon as possible. If we agree to you changing or cancelling your order after it has been placed, we may do so subject to the wine being returned to us at your cost, the wine being in its original condition and packaging, and to you paying (or us withholding) a reasonable amount on account of our costs of processing the change or cancellation.
We may cancel your order before delivery in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. Notice of cancellation will be sent to the contact details you provided when placing your order. We may cancel your order for any reason, but usually only if:
- any of the wine is not available;
- there was any error in the description of any ordered products or the price as advertised by us;
- there was an error in the calculation of the shipping costs either in your order or in our system;
- your order is in breach of these or any other relevant terms and conditions or is contrary to any law; or
- these Terms provide that we may not deliver your order.
If we cancel your order for reasons out of your control, we will endeavour to refund you as soon as possible.
Wines Not To Be Resold
You acknowledge and confirm that all wine purchases via our Website are for private consumption or collection, and are not purchased with the intention of resale. Wholesalers and distributors must contact us directly.
You will indemnify us for any additional costs (e.g. Wine Equalisation Tax) incurred by us should wine be resold.
Member account, password and security
If any of our Website’s services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to keep your username and password confidential and secure, and not to permit any other person to access the services using your username and password. You acknowledge that your details are non-transferrable.
You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
You must provide us with complete and up-to-date information, as requested. It is your responsibility to inform us of any changes to your registration information.
Claims for broken or damaged goods must be reported within 24 hours of delivery, so make sure you check your order as soon as you receive it. You must comply with any claims policy which we have in place.
If you wish to return a product to us, please contact us and we’ll see what can be arranged. You must comply with any returns policy which we have in place.
Australian Consumer Law
We are not required to provide a refund or replacement if you change your mind.
The Australian Consumer Law provides you with consumer guarantees. If the wine you ordered has a has a major problem, you can choose a refund or exchange of the wine. A major problem includes where:
- what you received is significantly different from that which you ordered; or
isn’t what you asked for.
- We will comply with the Australian Consumer Law. Please conduct us and we’ll see what can be arranged.
Limitation Of Liability
Subject to any applicable law that cannot be excluded, Duke’s Vineyard and its related entities will not be liable to you or any other person for any non-excludable direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from or in connection with products or services available or supplied to you, or on your behalf, through this Website.
For all other claims or liability, as far as permitted by law, the maximum liability of Duke’s Vineyard and its related entities for any loss, damage or claim whatsoever arising out of or in connection with this Website, these terms of sale, any products or services available or supplied to you, or on your behalf, through this Website will be:
- In the case of goods, at our election: replacing, repairing or supplying equivalent goods; and paying the cost of replacing, repairing or supplying equivalent goods.
- In the case of services, at our election: supplying the services again; or paying the cost of having the services supplied again.
Duke’s Vineyard and its related entities will not in any case be liable for any lost profit (direct or indirect), deletion or corruption of electronically or digitally stored information or incidental, consequential or special damages arising out of or in connection with this Website and the content and the products and services available or accessible on the Website.
Duke’s Vineyard is not liable for any losses or damages caused by this Website or any other Website linked to or from this Website. Duke’s Vineyard reserves the right to refuse any order without giving reason. Should we choose to cancel an order we will make reasonable attempts to contact you using the details you provided. All refunds will be issued using the same payment method as the original order.
Our contact details
Should you have any queries or concerns regarding these terms of sale please contact us by emailing: email@example.com.