Terms and Conditions
- Terms and conditions of use
- Product Availability
- Naked Angels
- Wall Posts
- Intellectual Property
- Website Information
- Product warranty
- Force Majeure
- Notices to You
- Entire Agreement
- Applicable law
Terms and conditions of use
- braidwoodestate.com.auis operated by Braidwood Estate. Sale of wines through braidwoodestate.com.au is made under New South Wales liquor licence XXXXXXXX.
- By accessing this website, You acknowledge that You are 18 years or older and have read and understood the Terms and that You agree to be bound by the Terms. If You do not agree to the Terms or have not reached 18 years of age then you must not use this website.
- From time to time We may vary the Terms and You must accept the Terms on each occasion You access the website.
- “Our”, “We”, and “Us” means Braidwood Estate and “You” and “Your” means the customer having an account with Us or placing an order with Us
- By placing an order with Us You are confirming that You are 18 years or older. It is illegal for Us to sell alcohol to anyone under the age of 18.
- When You give Us Your credit or debit card details You are confirming that You are either the card holder, or that You have permission from the card holder to use the card for the purpose of ordering wine from Us.
- The delivery address supplied by You must be in Australia. We are not permitted to ship product internationally
- No payment will be taken from Your card until the goods You have ordered are dispatched from us.
- We reserve the right to cancel any orders We cannot fulfill for any reason. If Your order is cancelled We will contact You to inform You of the cancellation and refund any money You have paid Us for that order.
- We only ship in cases containing 12 We cannot accept any orders for less than 12 bottles.
- Any product may be withdrawn from offer without notice at Our discretion.
- If for some reason We are unable to fulfill Your exact order, We reserve the right to substitute up to 3 bottles with similar wines of at least the same value as the wine You ordered. The 3 substitute bottles will be covered by Our money back guarantee as set out below. If We need to substitute more than 3 bottles in any one order We will put Your order on hold and contact You for further instructions.
- We reserve the right to limit sales to retail quantities if we reasonably deem that the order is not within a reasonable retail quantity. If you wish to purchase unusually large orders for an event, please call us prior to placing the order so that we can accommodate you.
- If You are unhappy with Our wines, We offer a full money back guarantee. To receive the full money back guarantee, You must communicate with Us within 30 days of the date of delivery of the wine to You. We may require a return of the remaining quantity of wine at Our discretion.
- If Your order goes missing, or is damaged, between dispatch and delivery, We will send You a replacement order as soon as We can. If We are unable to dispatch replacement goods within 7 days We will offer You a full refund. For these purposes, delivery takes place when products are left at the delivery address specified in Your order.
- Our courier may require a proof of age identification check if they deem it reasonable at the time they are making the delivery to You or Your authorized agent.
- If Your order is undeliverable we will contact you to arrange for re-delivery. We may charge you a fee for any re-deliveries.
- Risk of damage, loss or deterioration to the product passes to You on delivery.
- Title to the product remains with Us until we receive the full price of the product from you in cleared funds.
Security, Privacy and Risk
- For Your own safety We reserve the right to contact Your card issuer for the purposes of carrying out security checks.
- You must not upload any type of virus or computer malware onto the website and must ensure that Your computer remains safe and does not infect Our website whilst You are on the website.
- We may provide links on Our website to third party products and/or services. We do not promote or recommend these products and/or services to You. If You access these links You do so at Your own risk.
- We expressly disclaim all liability for Your use of this website. Each time You access this website You acknowledge that Your use of this website is at your sole risk and you are solely liable for any damage, loss or expense You incur from using the website.
All content displayed or comprising the website, including without limitation the images, brand names, trademarks, commentary, website layout and software are subject to intellectual property protection in Australia and internationally. You do not have permission to modify the content on this website, permit unauthorized users to access it (whether intentionally or otherwise) or transmit it to third parties. Any misuse of Our intellectual property rights and/or Our partners’ intellectual property rights will result in immediate termination of Your account and You may be liable for damages.
Information contained on our website is uploaded regularly. We cannot guarantee the information to be correct, current or complete as there are a number of factors which affect this information. We accept no responsibility or liability for any inaccuracies or typographical errors on our website.
We warrant that the product supplied by Us is of merchantable quality when delivered to You. To the extent permitted by law We expressly disclaim all express, implied, statutory warranties, guarantees and representations. In accordance with clause 9 of these terms and conditions, Our warranty given in respect of merchantable quality is limited to the replacement or resupply of the affected product to You or a refund of the cost of the product, at Our discretion
You acknowledge that We are not liable to You under any circumstances for any loss, damage or expense (including indirect or consequential, loss of opportunity or profits)You may incur from using our website. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective then our aggregate liability to You under these Terms for all exclusions referred to above for all and any causes of action (collectively) shall be limited to AU$50.
You agree to indemnify, defend and hold Us, Our officers, employees, partners, suppliers, agents and contractors from and against all losses, proceedings, charges and costs (whether direct, indirect, special, exemplary or consequential) of every kind made against Us due to Your use, misuse or access to Our website and/or in allowing (with or without intention or knowledge) a person under 18 years of 18 access to Our website or to take delivery of the product on your behalf (whether with or without your permission).
We shall not be responsible to You if we are unable to deliver Your order or if we are prevented from performing our obligations under these Terms due to circumstances beyond our reasonable control. We will notify you of any delays to your delivery. However, if we are prevented from performing our obligations beyond a reasonable time then we may, at our discretion, elect to cancel Your order and provide a refund or credit to the value of the cancellation without further liability to You.
Notices to You
We may contact you via the contact details provided by you including your email address. You must maintain Your contact details as current at all times.
These Terms contain the entire agreement between You and Us for the use of Our website to purchase product. All and any other understandings, agreements and representations are hereby expressly excluded.
These Terms are governed by the laws of New South Wales, Australia and the parties submit to the jurisdiction of the courts of New South Wales.
It is Your responsibility to consume alcohol sensibly.
When you join Braidwood Estate Wines, we collect personal information about you to enable us to process and deliver your order. This information may include your name, date of birth, contact details, credit card or bank account information and other information relevant to your services.
By registering on our website, you consent to Braidwood Estate Wines maintaining, recording, holding and using the personal data we collect about you. All data is collected lawfully and maintained in accordance with Australian privacy law.
We may also collect your personal information from you when you order wine, enter into one of our competitions or otherwise interact with us (such as through a Braidwood Estate Wines application or through social media). This may include information such as preference information and other usage data. We may also collect your personal information from third parties where you have agreed with them that your information may be disclosed.
In addition, we collect information regarding activity on our website and other services, such as the number of visitors to the website or application, the date and time of those visits, the number of pages viewed, navigation patterns and, where relevant, the websites visited before visiting the website.
On our website, your visits are associated with cookies which are unique identifiers. This information may be collected on Braidwood Estate Wines’ behalf by web analytics companies. This information provides us with statistics that we can use to analyse and improve our websites and our products and services. The information we collect may also be used to allow Braidwood Estate Wines to send you offers which we feel will be of interest to you, and to send notification of posts from users and winemakers to your “wall”. If you would prefer not to receive these e-mails please go to the “Change my details” section of the “My Account” screen where you can update your e-mail preferences.
We may combine personal information we receive about you with other information we hold about you. This includes information received from third parties. We take all reasonable steps to ensure that the personal information we hold is protected from misuse, interference and loss, and unauthorised access, modification or disclosure by the use of various methods, including secure storage. Where we store your personal information with a third party data storage provider, we require them to keep it secure and only use or disclose it for the purpose for which it was provided.
Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal information that we hold.
Your Naked Me profile is a public page and can be viewed by other visitors to the website. If you would prefer to make your profile private you can do so directly on your Naked Me page. We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to e.g. to our delivery company to get you your wine.
If you opt-out of emails from Braidwood Estate Wines, you will only be contacted by us regarding service issues such as, without limitation, order confirmation and delivery confirmation, significant changes to terms and conditions and non-marketing e-mails.
If you have any questions relating to this policy, contact us by e-mail on: [email protected]