TERMS AND CONDITIONS

Kingston Estate Wines (Sales) Pty Ltd - ABN 95 167 546 769

 1.     Application

These Terms and Conditions (Terms) apply to all transactions involving the supply of wine or any other goods by Kingston Estate Wines (Sales) Pty Ltd (we, us, our) to you.

By placing an order with us, you accept and agree to be bound by these Terms.

From the time that we accept your order, a contract will be formed between us and you for the supply of the products ordered by you consisting solely of these Terms and any other written terms published on our website from time to time.

We may reject any order in our sole discretion for any reason, including if the ordered product is not available, if there is any error in the pricing on our website, or if there is any error in the description of the products.  If we reject an order, we will endeavour to notify you of that rejection as soon as reasonably practicable.

No terms or conditions sought to be imposed by you (including any that are incorporated into a tender, offer, counteroffer or proposal made by you) will apply, unless expressly accepted in writing by us.

You may not cancel or vary an order that we have accepted without our written consent.

By placing an order, you warrant that you are over 18 years of age.  If we become aware that you are not over 18 years of age, we may terminate these Terms and cancel your order immediately.

2.     Buyer Account

You may choose to register for an account with us (Account) by following the process for doing so through our website.  When registering for an Account, you must provide information that is accurate, complete, and not in any way misleading or deceptive.  You must promptly update or correct any information provided in relation to the Account that ceases to be accurate, complete or up-to-date.

If you create an Account on behalf of a third party or a company, you warrant that you have authority to bind that third party or company in respect of your use of the Account (including the registration or completion of registration of the Account itself).  The Account holder will be responsible for any use of or access to our website, including any orders, involving the Account.

You must keep all Account information, including log-in information and passwords, secure and confidential.  If you suspect that there has been unauthorised use of your Account, or any other breach of security, you must notify us as soon as possible.

3.     Supply

We will supply the ordered products materially in compliance with the description of the relevant products set out on our website.

Upon delivery of the products, we recommend that you inspect the products and notify us immediately if the products or their packaging appear to have been damaged during transit and/or if the products do not appear to match the details of your order.  The return of any products will be dealt with in accordance with clause 6 of these Terms.

Title and risk of loss or damage to any products will transfer to you upon delivery of the products to the address specified in your order in accordance with these Terms.

To the extent relevant for the products ordered, the products will be supplied under South Australian Liquor Licence no 57607942.

4.     Prices and Payment

We will charge you, and you agree to pay, the amounts set out on our website for the relevant products as at the time of the order, as well as any other fees and charges (such as delivery fees) set out on our website.

All prices listed on our website are displayed in Australian Dollars and are inclusive of GST unless otherwise stated.

Once you have placed the order, the payment will be processed through a third-party secure payment provider.  You will receive an electronic receipt when your payment has been processed, and we recommend that you check this receipt to ensure that it accurately reflects your order.

If we cancel or reject your order after your payment has been processed, we will refund all amounts paid within 10 business days.

5.     Shipping and Delivery

You must pay such amounts for shipping as stated on our website when you place an order.  Such amounts will be added to the amounts payable for the products ordered.

We will use our reasonable endeavours to adhere to any stated delivery requirements and time frames in respect of the supply of those products, however we will not be liable should all or any part of the ordered products not be delivered by or on the agreed date, and late delivery of any products will not entitle you to rescind or terminate these Terms.

A signature may be required on all wine deliveries.  If the recipient is not available at the time of delivery, the products ordered may be left at the nearest post office or freight depot for collection in accordance with the terms or practices of that post office or freight depot.  If the products are not collected within 10 business days, or such other time frame notified to you, the products may be returned to us, in which case you will not be entitled to any refund.

We are not liable if an incomplete or incorrect address is listed by you in your order.  If the address is incorrect and the products are delivered to an incorrect address, you will not be entitled to any refund.  If the address is incorrect and the products cannot be delivered, and are returned to us, then you may be required to pay an additional delivery or shipping charge for the products ordered to then be sent to the correct address.

6.     Refunds and returns

If you are not completely satisfied with your order, we request that you contact us and we will endeavour to resolve your complaint.  However, we are under no obligation to accept returns for change of mind or your personal preference.

You must notify us within 2 days of delivery if an order of wine is delivered with damage such as broken bottles or the products delivered do not match your order, otherwise the wine will be deemed to have been delivered correctly and without damage. We will accept returns of products that are faulty, wrongly described, or otherwise breach any consumer guarantees that may apply.  Where we agree that wine is to be returned, we will contact you to arrange a mutually convenient time to collect the wine.  Prior to collection, you must store the wine in a safe and proper manner and take reasonable care to preserve it.  To the extent reasonably practicable, the wine should be returned to the box in which it was delivered, and packed to avoid breakage in transit back to us.

Where we have agreed to provide a refund for wine that is returned, the refund will be paid to you within 30 days after we have received the returned wine.  Please note that delivery or shipping charges will not be refunded.

This clause 6 is subject to your rights under clause 7.

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 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.

7.     Liability

Nothing in these Terms operates to exclude, limit or modify the application of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would be unlawful, contravene that statute or cause any part of this clause to be void.

No party will be liable for any indirect, special, incidental, economic or consequential loss or damage, or any loss of revenue, income, profits, data, goodwill, business, opportunities or anticipated savings, arising out of, in relation to or in connection with these Terms or the supply of any products by us, including without limitation, lost profits or damage suffered as a result of claims by any third person.

Subject to the above and to the extent permitted by law, we:

We will have no liability caused by any act or omission of any third-party service provider or contractor, or any other matter or circumstance beyond our reasonable control.

8.     Intellectual Property

Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership of, or licence rights to, any copyright or other intellectual property rights unless otherwise expressly stated.

You acknowledge and agree that:

9.     Security

We take reasonable precautions to protect data you submit through our website from loss, misuse and from any unauthorised access, disclosure or modification.  However, we do not warrant, and we are not liable to you, if data you submit through our website is lost, misused or accessed, disclosed or modified by a person not authorised to do so.  You acknowledge that you use our website at your own risk.

You agree that we may use data in relation to your use of our website to support or improve our website and to assist us to provide services to you and other customers.

You acknowledge that we have no liability for any loss of any data and that it is your responsibility to safeguard any data.

Our website, or any material accessed through it, may contain links to other websites.  Such websites are outside of our control, and we are not responsible for the use, content (including information, products and services) or privacy practices of such websites.

Any links contained in our website are not an endorsement, approval or recommendation (whether express or implied) by us of the owners or operators of those websites or any information, graphics, materials, products or services referred to, or contained on, those websites, unless (and then only to the extent) expressly stated otherwise by us.

10.     Acceptable use of our Website

You must not, and must not directly or indirectly allow a third party to, without our prior written consent:

11.     Availability

We will endeavour to make our website available continuously, however our website is provided as-is and we do not promise or guarantee that it will always be available, uninterrupted or fault-free.

You acknowledge that there may be times where you will be unable to access our website, which may be due to scheduled or unexpected maintenance or unexpected outages such as those caused by third-party suppliers such as telecommunications providers.

We are not liable to you or to any other person if our website becomes temporarily or permanently unavailable at any time.

We may suspend (or direct the suspension of) our website or your use of and access to our website, and/or the processing of your orders through our website, including if:

until the issue has been satisfactorily resolved.

12.     Complaints

We take customer service matters very seriously, and if you have any complaints we ask that you please contact our team at orders@mosisters.com.

13.     Miscellaneous

These Terms constitute the entire agreement between the parties about its subject matter and supersedes all previous representations, understandings and agreements in connection with that subject matter.

If a provision of these Terms is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms.

These Terms will be governed by and construed in accordance with the laws of South Australia and the parties submit to the exclusive jurisdiction of the South Australian courts and any courts which have jurisdiction to hear appeals from those courts.