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TERMS&COND

Terms And Conditions THE WINE PLACE This Agreement is a contract between the customer ("You") and the WINE PLACE All orders are processed and distributed by THE WINE PLACE Our offers are transmitted from our licensed premises at 334 KEILOR RD NIDDRIE Persons under 18 years of age are not permitted to place orders for alcohol. THE WINE PLACE supports the responsible service of alcohol. The terms and conditions under which You may purchase products from THE WINE PLACE are set out below. Please read the following terms and conditions carefully before placing your order with THE WINE PLACE By completing the customer application process and using the THE WINE PLACE service, You agree to be bound by the terms and conditions of this Agreement.      1. Interpretation   In these Conditions: "Agreement" means an agreement between You and THE WINE PLACE to supply Goods. The Agreement consists of the Order and these Conditions. "Conditions" means these Conditions and any agreed written variations. "Delivery Address" means the address to which the Goods are to be delivered as stated on the Order. "Delivery Cost " means the amount payable to THE WINE PLACE in respect of delivery of the Goods and handling costs associated with processing your Order as advised by THE WINE PLACE from time to time. "Goods" means Goods described in an Order and includes packaging. "Intellectual Property Rights"Includes all rights in respect of copyright, trade marks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise. "Licensed premises " 334 KEILOR RD NIDDRIE. "Order" means an order by You to purchase Goods from THE WINE PLACE. "Personal Details " includes, but is not limited to Your name, Delivery Address and payment details. "Product List" means the list of Goods displayed on the THE WINE PLACE website as amended from time to time.  2. The Agreement   2.1 What is the Agreement? The entire Agreement between You and THE WINE PLACE for the purchase of Goods by You from THE WINE PLACE. is: (a) these Conditions; and (b) the terms of the Order. 2.2 When the Agreement is formed The Agreement exists between You and THE WINE PLACE once THE WINE PLACE receives and accepts an order at its Licensed Premises. No obligation to sell or supply the Goods will arise until the order is received and accepted at Licensed Premises. Each Order is a separate agreement. 2.3 Set-Off If You owe money to THE WINE PLACE under one agreement, THE WINE PLACE may set-off that money against any money that You owe to THE WINE PLACE under another agreement. If THE WINE PLACE owes money to You under one agreement THE WINE PLACE may set-off that money against any money that it owes You under another agreement.  3. Purchase orders & delivery of goods   3.1 Delivery area In order to purchase Goods from THE WINE PLACE, the Delivery Address which You nominate will need to be within a location where vintagecellars.com.au provides delivery services. THE WINE PLACE will advise You if the Delivery Address which You nominate ceases to be in an area where YHE WINE PLACE delivers goods. THE WINE PLACE will not be obliged to continue to deliver Goods to You if You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which THE WINE PLACE delivers goods. 3.2 Orders You will place an order with THE WINE PLACE by: (a) selecting Goods on THE WINE PLACE website, entering your Personal Details and confirming the order, or (b selecting Goods and instructing THE WINE PLACE by telephone that you wish to purchase the Goods, and providing your Personal Details to THE WINE PLACE, or 3.3 Authorised receipt of Goods Anyone at the Delivery Address who receives the Goods shall be presumed by THE WINE PLACE or its agents to be authorised to receive the Goods. THE WINE PLACE may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. THE WINE PLACE will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years. 3.4 Delivery Requirements THE WINE PLACE is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered: (a) to the adult person who placed the order, or (b) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or (c) if delivery takes place on a day following the placing of an order, in accordance with the customer's instructions but always to a person over the age of 18 years.  4. Risk & title   4.1 Risk and Title Risk and title in the Goods passes to You upon delivery of the Goods to the Delivery Address. 4.2 Returns or Refunds If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the THE WINE PLACE customer service centre on 03 9379 9099and a customer service representative will assess Your request for a credit or refund of the purchase price.  5. Price of goods & payment   5.1 Price of goods & payment Subject to clause 6.2 the price You shall pay for the Goods shall be the price specified on the Product List. You also agree to pay the Delivery Cost (when applicable) in respect of each Order. 5.2 Variation THE WINE PLACE prices are subject to variation. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered. 5.3 Method of payment (a) Payment upon Placement of Order You shall pay for the Goods at the time of dispatch of your Order. You may use your credit card (Bankcard, MasterCard, Visa, American Express, Diners) (b) Corporate Customer Account    6. Out of stocks & substitution   6.1 No rainchecks THE WINE PLACE will not provide rainchecks in respect of Goods ordered by You. 6.2 Substitution policy THE WINE PLACE will use its best endeavours to ensure that all Goods ordered by You are supplied to You. If the goods ordered by You are not readily available in stock, whenever possible THE WINE PLACE will offer to you a comparable product of equal or greater value.  7. Packaging & labelling of goods   THE WINE PLACE aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List are for illustrative purposes only. THE WINE PLACE does not warrant the accuracy of information contained on the Product List and recommends that You read the label on Goods carefully before consuming the Goods.  8. Licence   You are licensed to use the THE WINE PLACE on your computer for Your use in purchasing Goods from THE WINE PLACE. You acknowledge that you are not permitted to make any other use of the THE WINE PLACE website unless given prior written authorisation by THE WINE PLACE    9. Liability   10.1 You acknowledge that THE WINE PLACE service is provided "AS IS" and that THE WINE PLACE is not making and has not made any warranty or representation as to the Goods or THE WINE PLACE suitability for any particular purpose other than the mandatory statutory warranties. To the maximum extent permitted by law, all other warranties and representations are excluded. 10.2 You agree that any liability of THE WINE PLACE arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of THE WINE PLACE will be limited to: (a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods, and (b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again..         .             10. Promotions & Clearances     All specials, promotions, clearances, offers and discounted items advertised on the THE WINE PLACE  website are available only while stocks last unless otherwise advertised. No special orders are available on specials, promotions, clearance, offers and discounted items advertised on the THE WINE PLACE website.     .

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