The website at signaturewines.com.au (“the Website”) is operated by D Hold Enterprises Development Pty Ltd ACN 158 073 226, a company duly incorporated in Australia under the Corporations Act 2001 (Cth) and trading as Signature Wines ABN 77 158 073 226 (“Signature Wines”).
Your use of the Website is conditional upon your acceptance and compliance with these terms and conditions and by using this Website, you agree to be bound by these terms and conditions.
Signature Wines reserves the right to amend these terms and conditions at any time without notice to you by publishing revised terms and conditions on the Website. In such a case, your continued use of the Website is conditional upon your acceptance and compliance with the revised terms and conditions and by continuing to use this Website after the revised terms and conditions become effective, you agree to be bound by the revised terms and conditions.
It is unlawful for Signature Wines to sell alcohol to any person under the age of 18 years. By placing any order through the Website, you are certify that that you are at least 18 years of age.
Any order placed by you through the Website is an offer by you to purchase goods or services for the price (including the delivery and other charges and taxes) specified on the Website at the time you place your order on the terms and conditions set out in this document.
Signature Wines reserves the right to reject your offer for any reason, including without limitation the unavailability of any goods, an error in the price or description of the goods or services published on the Website, or any error in your order.
No contract between Signature Wines and you shall come into existence in relation to the supply of any goods or services as a result of any order placed through the Website until such time (if any) as Signature Wines accepts the order and receives payment in full from you.
Any contract between you and Signature Wines in relation to the supply of any goods and or services as a result of any order placed through the Website is deemed to be formed at 31 King Street, Norwood 5067.
Vintages are subject to change. In the event that there is a change to a vintage affecting your order, Signature Wines will advise you by email or telephone before dispatch of the goods and give you the choice to confirm, cancel, or modify your order.
All prices are in Australian Dollars (AUD).
Prices are inclusive of GST where applicable.
No obligation to supply you with any goods or services arises until such time (if any) as Signature Wines accepts your order and receives payment in full from you.
Please read the delivery information published on the Website.
All delivery times published on the Website are indicative only. Signature Wines and its servants, agents, and contractors will not be liable for any loss or damage you or any person claiming through you may suffer as a result of a failure for any reason whatsoever to deliver goods within the delivery times published on the Website, including where that failure is caused by the negligence of Signature Wines or its servants, agents, or contractors.
Delivery will not be made to any person under the age of 18 years. Signature Wines may require that the person taking delivery of goods provide evidence of age that is satisfactory to Signature Wines and, if such evidence is not provided for any reason, may refuse to deliver the goods without any liability to you or any person claiming through you.
Risk in any goods ordered pursuant to these terms and conditions shall pass to you at the earliest of the actual or constructive delivery of the goods or the collection of those goods from Signature Wines, whether directly or by any bailee, agent, carrier, or courier of Signature Wines or of you.
Title to any goods ordered pursuant to these terms and conditions does not pass to you until Signature Wines receives payment in full from you and you must—
store such goods which have not been paid for in full separately;
keep separate records in relation to the proceeds of the sale of any such goods which have not been paid for in full, bank the proceeds of any such sale into a separate account, and immediately remit such funds to the credit of Signature Wines; and
if any such goods are used in a manufacturing process or mixed with other materials, you must record the value of such goods which have not been paid for in full so consumed in relation to each unit of finished product and upon sale of any unit of finished product immediately remit that amount from the proceeds of sale to us.
If you are dissatisfied with any order from Signature Wines for any reason, please contact us by email at firstname.lastname@example.org or telephone +61 8 8568 1757.
Signature Wines will not accept returns or returns, except as required by law.
Signature Wines holds a producer’s licence, a liquor licence under the Liquor Licensing Act 1997 (SA), and all sales of product thought the Website are made pursuant to that licence.
If you subscribe to our newsletter, you agree to receive promotional material from us and third parties by email. You may unsubscribe from our newsletter by replying to an email containing the newsletter with the word “UNSUBSCRIBE” in the subject line or in such other manner as is specified in that email.
Signature Wine’s liability to you or any person claiming through you arising out of, or connected with, any goods or services supplied under these terms or otherwise shall in all cases be limited to the amount paid to Signature Wines pursuant to these terms and conditions in relation to those goods or services.
Clause 11.1 shall apply—
to any loss or damage whatsoever and howsoever caused (including by negligence), including without limitation loss or damage caused by consumption of Signature Wines products or unauthorised access to or alteration of your transmissions or data or of any information contained on the Website;
to any liability whatsoever, whether arising out of or connected with contract, warranty, tort, negligence, strict liability, or otherwise; and
to direct, indirect, incidental, special, or consequential damages or any other kind of damage whatsoever.
Where any law implies in these terms and conditions any term, condition, or warranty and that law avoids or prohibits provisions in these terms and conditions excluding or modifying the application of, exercise of, or liability under such term, condition, or warranty, such term, condition, or warranty shall be included in these terms and conditions as required by that law, however the liability of Signature Wines for any breach of such term, condition, or warranty shall be limited, at the option of Signatures Wines, to—
if the breach relates to goods—
the replacement of the goods or supply of equivalent goods; or
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
if the breach to relates to services—
the supplying of the services again; or
the payment of the cost of having the services supplied again.
You hereby release Signature Wines from and indemnify Signature Wines against any liability (including without limitation any loss, damages, costs, and expenses) that Signature Wines has or may have to any person in excess of the liability allowed for by clause 11.1 and, if applicable, clause 11.3.
While care has been taken to ensure that the information published on the Website is free from errors and omissions, Signature Wines provides the information on an “as is” basis and makes no representations or warranties as to the accuracy or completeness of the information.
Signature Wines shall not be liable to you or any person claiming through you for any loss or damage you or any other person suffers as a result of, or in connection with, the information published on the Website or any errors or omissions from the information, including where the error or omission results from the negligence of Signature Wines or its servants, agents, or contractors.
If the Website contains links to any website or other material not controlled by Signature Wines, Signature Wines does not make any endorsement, or any representation or warranties as to the accuracy or completeness of the information contained on those websites or in that material
Signature Wines makes no representations or warranties that the Website is free from malicious software (including computer viruses) or other faults or defects. It is your responsibility to scan the Website for any malicious software (including computer viruses) or other faults or defects.
Signature Wines shall not be liable to you or any person claiming through you for any loss or damage you or any other person suffers as a result of, or in connection with, any malicious software (including computer viruses) or other faults or defects on or in the Website, including where such malicious software or fault or defect results from the negligence of Signature Wines or its servants, agents, or contractors.
Except where otherwise indicated, copyright in the design of the Website and the information on the Website is the property of Signature Wines. All right reserved.
Except as otherwise permitted by the Copyright Act 1968 (Cth), no part of the design of the Website or the information on the Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Signature Wines.
Signature Wines shall not be liable for any default or delay due to any act of God, war, terrorism, power or equipment failure, lock-out, industrial action, fire flood, storm, tempest, or other force majeure events beyond our control.
If any provision of these terms and conditions is prohibited by law or judged by a court to be unlawful, void, or unenforceable, the provision shall, to the extent required, be severed from these terms and rendered ineffective as far as possible without modifying the remaining provisions of these terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these terms.
These terms shall be construed according to the laws of South Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia.
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