Terms and Conditions
Our Terms and Conditions
Please read the Terms and Conditions of this website carefully as any use of the website by you constitutes acceptance of the Terms and Conditions set out below.
These terms and conditions relate to and govern the Mitchelton Wines (ABN: 79 151 675 919) website. By using the website, you are accepting and agreeing to these terms and conditions.
The Mitchelton Wines (ABN: 79 151 675 919) NAME (“we”, “us”, “our” or “Mitchelton Wines ABN: 79 151 675 919) reserve the right to change these terms and conditions at any time without notice.
- Our online store operates under Mitchelton wines ABN: 79 151 675 919
- Victoria Liquor License: (32800896)
- Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000) and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $700).
Website Privacy Policy
Any personal information or material sent to the Mitchelton Wines website is subject to the Mitchelton Wines privacy policy. For further information on our privacy policy please navigate to the privacy policy link contained on this website.
Accuracy, completeness and timeliness of information
We are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.
Transmission
Any non-personal communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Mitchelton Wines and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Mitchelton Wines is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Mitchelton Wines use will not violate any third party’s rights. Mitchelton Wines is under no obligation to use the information submitted.
Links to other websites
Links on the Mitchelton Wines websites may take you outside the Mitchelton Wines network and Mitchelton Wines accepts no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and Mitchelton Wines cannot be held responsible for any subsequent change in other websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Mitchelton Wines. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of other websites that you visit.
Warranties and Disclaimers
Your use of this website is exclusively at your sole risk.
Warranties
This website is provided to you on an “As Is” and “As Available” basis and, consequently, to the maximum extent permitted by law, Mitchelton Wines gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability and fitness for a particular purpose) including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties; that access to this website will be uninterrupted or error-free; that this website will be secure; that any advice or opinion obtained from Mitchelton Wines through this website is accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.
We reserve the right to restrict or terminate your access to this website or any feature of this website or any feature or part thereof at any time.
Liability
To the extent permitted by law, Mitchelton Wines does not accept liability or any responsibility whatsoever for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or from any actions we take or fail to take as a result of any electronic mail messages you send us. To the extent permitted by law, Mitchelton Wines does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice. Further, Mitchelton Wines shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.
Certain legislation may imply warranties, terms or conditions which cannot be excluded, restricted or modified. If those statutory provisions apply, to the extent to which Mitchelton Wines is entitled to do so, its liability will be limited at its option to (a) in the case of services, the lowest of the cost of supplying the services again and having the services supplied; and(b)in the case of goods, the lowest of the cost of replacing the goods, obtaining equivalent goods or having the goods repaired.
Prohibited Activity
You are prohibited from doing any act that Mitchelton Wines, in its reasonable discretion, may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
– Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent)or any other of the legal rights of individuals;
– Using this website to defame or libel Mitchelton Wines, its employees or other individuals or acting in such a way that brings into disrepute the good name of the Mitchelton Wines ;
– Uploading files that contain viruses that may cause damage to the property of Lion or the property of other individuals.
You and Mitchelton Wines agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of Victoria. You submit to the non-exclusive jurisdiction of the courts of Victoria.
Intellectual property rights
All copyright and other intellectual property rights in a text, images and other materials on this website are the property of Mitchelton Wines or are included with the permission of the relevant owner. You are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
The trademarks, logos, characters and service marks displayed on this website belong to Mitchelton Wines. Nothing contained on this website should be construed as granting any licence or right to use any trademark displayed on this website. Your use/misuse of the trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. Mitchelton Wines reserves all its rights to enforce its intellectual property rights to the furthest extent of the law.
Legal notice update
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
ORDERS AND RETURNS
Orders
- All orders including those taken over the phone will be accepted at Mitchelton wines at sole discretion.
- You will receive a Customer Order number specific to your purchase, signifying Mitchelton wines acceptance of the order.
- Vintages and prices can be subject to change at short notice, but any change will be clearly communicated prior to order processing. Bottle shots used to advertise products may show different vintages to those that are currently available. If you’re unsure about a product, please email us prior to purchasing.
Price and Payment
- All orders are priced in Australian Dollars and include GST.
- All prices quoted on the website exclude postage and handling costs. You will be charged extra for postage and handling. You will be notified of these extra costs at the time you place your order.
- Prices quoted on the website are subject to change at our sole discretion without notice.
- When you place an order on the website, you authorise Mitchelton wines to deduct payments from the credit card you provide.
- You must be the authorised credit card holder or be authorised by the credit card holder in order to have payment details processed.
- Mitchelton wines can refuse to authorise and process an order with absolute discretion when deemed necessary. Mitchelton winesmay request credit, anti-fraud and identity checks if deemed necessary.
- Mitchelton wines uses a PCI compliant payment provider to offer secure payment to protect you in accordance with industry practice.
Discount and Promotions
- All promotions are automatically applied at cart unless otherwise stated via the use of a discount code.
Cancellation of Orders
- All orders are subject to stock availability. We will promptly refund the full purchase price of an order to you should the requested merchandise become unavailable.
Mitchelton wines reserves the right to cancel any order, at which time we will immediately notify the customer of this action by email or phone using the details provided. We will provide a refund using the original payment method.
Returns
- Our Returns Policy is in accordance with Australia Consumer Law and provides you with additional benefits in addition to those rights, because your satisfaction is important to us.
- Your rights under the Australian Consumer Law:
- ‘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.’
- Please note that once your order has been accepted & dispatched by Mitchelton Wines, we will not accept change of mind returns or exchanges on merchandise.
- In the event that your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will cheerfully refund your money or exchange the product upon presentation of your proof of purchase and at least ¾ remaining of the original faulty bottle. Please contact Mitchelton Wines sales@mitchelton.com.aufor arrangements to be made.
- Delivery charges will be reimbursed to you if Mitchelton Wines are at fault i.e., faulty product, incorrect product delivered, or products damaged in transit. In all other instances including change of mind the delivery charge will not be reimbursed.
Dispatch & Delivery of Orders
- Mitchelton Wines aims to dispatch all orders received within 24 hours. Orders received on weekends & public holidays will be dispatched the next business day.
- During promotional periods there may be a delay in dispatching your order, however, Mitchelton Wines will take every measure to ensure the prompt dispatch and delivery of your order.
- Mitchelton Wines uses reputable postage services (in most cases Australia Post) to transport your order to the delivery address selected by you.
- Mitchelton Wines requires all parcels to be signed for on delivery; the supply of liquor may only be accepted and signed for by persons 18 years and older.
- Mitchelton Wines makes every effort to pack all parcels securely, however, due to the fragile nature of the merchandise if you do receive a damaged parcel please notify Mitchelton Wines via email: sales@mitchelton.com.au immediately so that arrangements can be made.
- Given the nature of Mitchelton Wines merchandise, orders will not be sent in exceptionally hot weather. If there are any foreseen delays you will be notified promptly.
- In the instance that you provide an incorrect delivery address, Mitchelton Wines will not be responsible for any loss or damage suffered if your order is delivered to the address that you have supplied.
- Please note that all delivery and shipping fees are non-refundable unless a Product fails to comply with the Australia Consumer Law consumer guarantee provisions.
- For deliveries to South Australia: as per the South Australian Liquor Licensing Legislation 2019 amendments, you agree that the recipient of the delivery is required to sign a declaration confirming their name and that they are aged 18 years and over. If the recipient looks under 25, they will be required to provide proof of age identification (photographic ID and date of birth), which will be recorded and held for a minimum of 12 months. If the recipient nominates an alternative person to collect the delivery, their details will be kept as a signed declaration.