1. CHAPOUTIER AUSTRALIA PTY LTD

 

 

TERMS AND CONDITIONS OF USE

 

 

Please read these terms and conditions of use carefully.  Your access to this website is subject to the terms and conditions of use (User Agreement).  We reserve the right to amend or vary these terms and conditions at any time.  Any amendment or variation to the User Agreement shall become effective upon posting.  If you do not wish to be bound by this User Agreement should exit this website immediately.  By accessing and continuing to use our website and related services you will be deemed to have consented to the terms and conditions of this User Agreement, which includes our Privacy Policy (available at www.mchapoutieraustralia.com/privacy).

 

In this User Agreement, ‘us’, ‘we’ and ‘our’ means M Chapoutier Australia Pty Ltd [ACN 089 908 672]

 

  1. WEBSITE & WEBSITE CONTENT
  • Except where we have otherwise indicated, M. Chapoutier Australia owns all rights, title and interests in this Website including copyright, designs, patents, trademarks and all other material appearing on it including text, logos, audio, graphics and icons (Content). You agree not copy, imitate, modify, alter, amend or use without our prior written consent any Content appearing on our website.
  • You agree by accessing our website and continuing to use it, not to do anything that is harmful to us or others, unlawful or otherwise prohibited by the laws which govern the use of our website.
  1. DISCLAIMERS
  • The information and Content provided on our website is not comprehensive and is intended only to provide a summary of the goods and services described. We may make changes to the information and Content on our website (including this User Agreement) and the products and services described on our website at any time and without notice.
  • While we endeavour to provide accurate information and Content on our website, all information and Content is provided ‘as is’ and, to the extent permitted by law, we make no warranty regarding the suitability or accuracy of the information and Content provided on our website and we otherwise exclude any other warranty or condition (implied or otherwise) in relation to this User Agreement.
  • Without excluding or restricting the rights and remedies available under the Australian Consumer Law:
  1. you acknowledge and agree that the information and Content of our website is for informational purposes only and does not constitute advice or a warranty or representation about the suitability or otherwise of the website itself or about the goods and services appearing on it; and
  2. we exclude all liability for any kind of loss or damage (including indirect or consequential loss) you may suffer arising out of or in connection with the use of our website, whether that arising in contract, tort or under statute or otherwise.
  • Our website may provide a link to other sites operated by third parties (a ‘linked site’). We have no discretion to alter, update or control the content on a linked site and the information contained on a linked site may not remain current or be maintained.  Where we have provided a link to another site it is not to be considered an endorsement, authorisation, sponsorship or affiliation with respect to that site, its owners or its providers. 
  1. ORDERING

WARNING: Victoria: Warning – Under the Liquor Control Reform Act 1998 it is against the law to supply alcohol to a person under the age of 18 years (penalty exceeds $17,000), or for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700). South Australia: Under the Liquor Licencing Act 1997, liquor must NOT be supplied to persons under 18.  Western Australia: WARNING. Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licenced or regulated premises. New South Wales: Under the Liquor Act 2007, 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. Queensland: Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years.  Tasmania: Under the Liquor Licencing Act 1990 it is an offence: for liquor to be delivered to a person under the age of 18 years. Penalty: Fine not exceeding 20 penalty units. For a person under the age of 18 years to purchase liquor. Penalty, Fine not exceeding 10 penalty units.  Australian Capital Territory: Under the Liquor Act 2010. A person must not sell or supply liquor to a person under 18 years old on premises where the sale or supply of liquor is authorised or in a public place. Maximum Penalty $5500.

By placing an order with us through our website, you warrant that:

  • you are over eighteen (18) years of age;
  • you possess the legal right and ability to enter into a legally binding agreement with us; and
  • you have read the terms and conditions set out in this User Agreement.
  1. ORDERS AND DELIVERY
  • Orders
  1. All orders which you place with us remain subject to our approval and we reserve the right to reject an order at any time.
  2. It is a condition of purchase that you warrant that you are 18 years or over.
  • Your order is conditional upon receipt of payment and our approval.
  1. You agree that you cannot change or cancel an order after it has been placed.
  2. Once you place an order with us and payment received, you will receive via email from us confirmation of receipt of your order and an invoice.
  3. We reserve the right to change the product vintages where the previous vintage becomes unavailable or alternatively cancel your order and provide you with a refund where the product is out of stock and no substitute product is available.
  • We do not accept orders from outside Australia.
  • Pricing
  1. The price of goods stated on our website is the retail price of the goods inclusive of all taxes.
  2. The quantity is per unit, unless otherwise stated.
  • Website prices are subject to change without notice.
  • Payment & Payment Methods
  1. You must pay the price of the goods online using one of the payment methods specified at the time of placing your order.
  2. If, for whatever reason, we are unable to process your payment for your order we may cancel your order and notify you.
  • Delivery
  1. You are responsible for providing us with your correct delivery details (Delivery Location).
  2. You acknowledge that your order may be delivered in instalments on different dates to the Delivery Location.
  • We will endeavour to dispatch your order within 48 hours of receiving it and deliver your order to the Delivery Location as soon as possible. However, you accept that there may be delays in delivery to the Delivery Location due to circumstances beyond our control.
  1. We deliver via Australia Post and private carrier services.
  2. Upon delivery to the Delivery Location the person receiving delivery of the goods must, upon request, provide proof of age and/or licence under alcohol licencing laws. No goods will be delivered to persons who fail to provide proof of age upon request.
  3. You agree that we are entitled to rely on the person who takes delivery of the goods at the Delivery Location as being your agent for the express purpose of taking delivery.
  • You agree that title and risk to the goods passes to you immediately upon delivery.  
  • We do not deliver goods outside Australia.
  1. RETURNS & REFUNDS POLICY
  • The goods and services we provide come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this User Agreement purports to modify or exclude your rights under the Australian Consumer Law or the Competition and Consumer Regulations 2010. In particular, you are entitled to:
  1. replacement or a refund for a major failure and compensation for any other reasonably foreseeable loss or damage;
  2. have goods replaced if they are not of acceptable quality and the failure does not amount to a major failure; and
  • you may also be entitled to other remedies that cannot be excluded if any goods or services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law.
  • If, upon delivery, any of the goods are faulty, damaged, wrongly described or otherwise fail to be of acceptable quality we will refund the price paid by you or exchange the goods upon presentation of proof of purchase.
  • Where we refund the price you paid for goods, you acknowledge and agree that the purchase price of those goods represents the total amount of our liability to you.
  • If you wish to return goods to us because they are defective, then you may contact us by telephoning us on 03 96021570 or alternatively emailing us at info@mchapoutieraustralia.com.
  1. JURISDICTION AND GOVERNING LAW
  • This User Agreement is governed by the law of Victoria.
  • You submit to the non-exclusive jurisdiction of the courts in Victoria. Any rights you may have under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.