Terms and
Conditions

This website and its contents are owned or licensed by Giorgio S Gjergja and Dianne L Gjergja trading as ‘Port Phillip Estate’ and ‘Kooyong Wines’ (ABN 64 726 473 361) (Port Phillip Estate, we, us or our).

WARNING

Under the Liquor Control Reform Act 1998 (Vic) it is an offence:

— to supply alcohol to a person under the age of 18 years; and

— for a person under the age of 18 years to purchase or receive liquor.

You may only purchase liquor from this website if you are at least 18 years of age. Please immediately exit this website if you do not meet these requirements.

AGREEMENT TO TERMS AND CONDITIONS

To the maximum extent permitted by law, these terms and conditions (Terms and Conditions) govern the use of this website, and we may amend them from time to time. Every time you purchase liquor via this website or otherwise use this website, you acknowledge to us that you:

(a) have read the Terms and Conditions as they stand at the time and agree to be bound by them; and

(b) are at least 18 years of age.

If any of these Terms and Conditions are illegal or unenforceable at law, they may be severed and the remaining Terms and Conditions will continue in full force and effect.

OUR INTELLECTUAL PROPERTY

Unless expressly stated otherwise, we own or are licensed to use all content appearing on this website (including trade marks, logos, designs and copyright material) (Content). You must not use any Content on this website, except with our express written consent or as permitted under applicable Australian and international laws. If we allow you to use any of our Content, our status as the owner or licensee of that Content must be acknowledged.

FILES WE PROVIDE FOR DOWNLOAD

Unless stated otherwise, we grant to you a personal, non-transferable, revocable and non-exclusive licence to use any files that we expressly state are available for download on this website, for your own personal use. You must not copy, communicate to the public, modify, reverse engineer, or otherwise transfer any right in those files. Your use of any files is undertaken entirely at your own risk and you must maintain all copyright and other notices displayed on those files.

We cannot guarantee that any information (including any file) obtained from this website is free from computer viruses, other faults or defects. It is your responsibility to scan the information for computer viruses, and you assume the risk of any damage to your computer, mobile device and associated equipment arising from the installation, downloading or use of files from this website.

CONTENT YOU PROVIDE

You are fully responsible for any content (including any testimonials, comments, suggestions, ideas, graphics or any other material) that you provide to us for display on the website. We may use it for purposes which include advertising or marketing our own goods and services. By providing content to us, you grant us a licence to use that content in any way without payment or reference to you.
You agree that you will not use this website to post or display:

(a) content that you do not have the right to post or display, or that violates the intellectual property, confidentiality, privacy or other rights of any person or entity;

(b) content that is offensive, abusive, defamatory, discriminatory or false or misleading;

(c) advertising or promotional materials of any kind; or

(d) content that contains software viruses or anything harmful to this website.

We reserve the right to edit or remove any user content at any time.

LINKS TO EXTERNAL WEBSITES

Our website may contain links to other websites or advertisements of goods and services available from third parties. We are not responsible for the content of those websites or advertisements, or any goods or services made available on them. Unless expressly stated otherwise, we are in no way endorsing, sponsoring or suggesting an affiliation with third parties or their goods or services.

LINKS TO OUR SITE

Our website must not be framed on any third party website, nor may you create a link to any part of our website other than the home page, unless we provide our express written consent for you to do so. We may withdraw our consent to link to our home page at any time in our absolute discretion.

YOUR PERSONAL INFORMATION AND PRIVACY

Our Privacy Policy (portphillipestate.com.au/privacy-policy) sets out the ways in which we may collect, store, use and manage your personal information. It also explains the physical, electronic and security measures we will take to protect your personal information.

However, by supplying us with personal information through this website, you accept the inherent security risk of dealing online over the internet and agree not to hold us responsible for any breach of security, unless we have breached a law, been grossly negligent or in wilful default of our duties to you.

We reserve the right to disclose information about users of this website to third parties, provided that the information is not personal information and does not identify any individuals.

We take all complaints about privacy matters very seriously and our complaints handling procedure is set out in our Privacy Policy (portphillipestate.com.au/privacy-policy).

WINE CLUB

By registering as a member of the Port Phillip Estate Wine Club (Member), you gain access to exclusive Member-only deals, competitions and events (Member Benefits).

In order to become a Member, you must satisfy our eligibility criteria. A Member must:

(a) be a natural person (companies, incorporated associations and other bodies corporate are ineligible to become Members);

(b) be at least 18 years of age;

(c) be resident in Australia and have an Australian postal address;

(d) hold a valid Mastercard or Visa debit or credit card; and

(e) agree to abide by any terms and conditions applicable to Membership of the wine club.

If you choose to become a Member, you will, at the time of registration, be required to create a password or personal identification number (PIN). You must maintain the confidentiality of your password or PIN and you are responsible for any activities that occur using your password or PIN. You must immediately notify us if you become aware of any unauthorised use of your password or PIN.

Member Benefits:

(a) are non-transferable and cannot be exchanged for cash, cash equivalents (such as vouchers) or anything else;

(b) are for personal or domestic use only. They cannot be used for commercial purposes; and

(c) allow you to choose the frequency of your regular deliveries, and the ability to re-schedule or skip your delivery of goods upon at least 60 days written notice to our email address.

We reserve the right to withdraw or cancel your Membership on grounds which include, but are not limited to:

(a) a breach of, or act or omission contrary to, the terms and conditions applicable to your Membership of the wine club;

(b) your bankruptcy or death;

(c) your failure to pay moneys owed to us;

(d) your provision of false or misleading information to us;

(e) you threatening, intimidating, abusing or defaming us or any of our employees; or

(f) you no longer meeting our eligibility criteria for Membership of the wine club.

For the avoidance of doubt, withdrawal or cancellation of your Membership does not absolve you of any debt that is owed to us.

PURCHASE OF GOODS FROM OUR WEBSITE

Goods will be dispatched by us under Victorian Liquor Licence No. 32801305 and sales will be made and completed subject to the provisions of the Liquor Control Reform Act 1998 (Vic).

You agree that:

(a) we only accept online orders from, and deliver to, mainland Australia and Tasmania;

(b) if you are using this website from outside Australia and/or wish to place an order for delivery outside Australia, please email us and we will arrange separately the terms of that order with you;

(c) if you place an order for goods on our website, and we communicate our acceptance of your order by email confirmation, you enter into a contract with us for the supply of those goods. Each accepted order is a separate contract;

(d) we can accept or reject an order for any reason, including (without limitation) unavailability of goods, an error in the pricing, image or goods description, or an error in your order;

(e) unless expressly stated otherwise, we cannot provide rainchecks for goods ordered from our website. Unfortunately, we cannot guarantee that goods advertised on our website will be available at the time you place your order;

(f) all information you provide when ordering must be accurate, complete and up to date, and you will promptly notify us of any changes to this information;

(g) all prices quoted for wine and other goods sold are displayed in Australian Dollars (AUD) and are inclusive of Australian wine equalisation tax (WET) and Australian goods and services tax (GST). Your freight and handling charges, together with the cost of insuring your goods, will be calculated and added to the purchase price before you are asked to place your order. Prices listed on this website are subject to change until you have paid for the goods;

(h) the payment system on this website uses encrypted 256 bit secure system technology to encrypt and protect your credit card details;

(i) once you have placed your order, you may make payment by Visa, Mastercard, American Express or Paypal. We will send you an electronic tax invoice/receipt via email when your payment has been processed;

(j) we will deliver your goods after we have processed your payment. Delivery to Australian capital cities and surrounding suburbs is within approximately 10 working days, via Australia Post or any other carrier that we may nominate. We accept no responsibility for any loss resulting from late delivery;

(k) we may deliver the goods in instalments if they are not all available at the same time for delivery. Our part delivery of your order will not invalidate the balance of the order;

(l) we will use our best endeavours to ensure that goods are available for delivery, and in most cases will notify you if goods are unavailable before you place your order. However, in some cases this will not be possible and we will need to reject an order for goods after we have processed your payment. In these cases, we will refund you in full all amounts you have paid for the unavailable goods or offer to substitute your goods with an alternative. You may accept or decline any offer to substitute your goods with an alternative. Any refund for unavailable goods will be credited to your credit card or debit card as soon as possible, but in any event no later than thirty (30) days from the date of rejection of your order;

(m) once the payment for your order has been processed, and your goods have been dispatched, you will be unable to cancel your order. If you cancel your order before we dispatch the goods, we will refund to you the price of the goods and any freight, handling and insurance charges, less any reasonable administrative fees we have incurred in processing your payment (for example, banking charges on the payment to us);

(n) once the goods have been delivered to the nominated delivery address, you assume all risk and title in the goods (including the risks associated with storing the goods). Both you and the person receiving a delivery of goods purchased from our website must be at least 18 years of age; and

(o) title in the goods will not pass to you until we have been paid in full for the goods. Until that time, you will hold the goods as our bailee and fiduciary agent.

DAMAGED OR DEFECTIVE GOODS

Damaged or defective goods, or those which do not conform to your order:

(a) must be notified by email to us or by post to our address at 263 Red Hill Road, Red Hill South, Victoria 3937 as soon as the defect is discovered, and in any event, within fourteen (14) days of delivery;

(b) please include in your notification, details of:

(i) the goods purchased;

(ii) the date of purchase;

(iii) the damage or defect in the goods, including when it became apparent and how that damage or defect has affected your use of the goods;

(c) if we are satisfied with your claim, we will issue a returns note after we receive your email notification; and

(d) upon receipt of the returns note, please return the goods to us at our nominated address:

(i) with the goods and all packaging in their original condition, as far as possible;

(ii) securely wrapped and protected against any breakage or further damage; and

(iii) with our delivery slip.

Upon their receipt, we will offer you a refund or replacement of the goods, at your option (including a reimbursement of your reasonable costs of delivering the defective or damaged goods to us).

COMPETITIONS AND PROMOTIONS

Any promotions or offers for goods advertised on our website are available while stocks last unless otherwise advertised.

SOCIAL MEDIA

We maintain a presence on Facebook (but are not endorsed or affiliated with it) and Instagram (but are not endorsed or affiliated with it). We reserve the right to remove any material that is posted on our Facebook page or Instagram account including material that:

(a) promotes the excessive consumption of alcohol;

(b) is abusive, defamatory, offensive or threatening towards us, our employees or any other person or organisation; or

(c) relates to any illegal activity.

LIMITATION OF LIABILITY

We provide this website on an “as is” basis. We may suspend access to our website or close it indefinitely without notice and you accept the inherent security and reliability risks of dealings on the internet.

We will take all reasonable steps to ensure that this website is accurate, but make no representation as to the appropriateness of our goods for your personal circumstances, or any fitness for purpose of our goods for purposes other than those for which they are commonly used.

To the maximum extent permitted by law, we are not liable for a breach of our obligations under these Terms and Conditions which has resulted from causes beyond our reasonable control. Those causes include extreme weather conditions, industrial strikes and failure of equipment or machinery.

To the maximum extent permitted by law, all conditions, warranties and implied terms are excluded from these Terms and Conditions. To the extent that we breach these Terms and Conditions or any warranty or term implied in these Terms and Conditions in connection with our goods or services, our liability is limited to, at our discretion:

(a) replacement of the goods or supply of equivalent goods;

(b) payment of the cost of replacing the goods or acquiring equivalent goods;

(c) supply of the services again; or

(d) payment of the cost of having the services supplied again.

To the maximum extent permitted by law, you also waive any and all claims that you may have against us or our related companies and associates arising from your use of this website.

GOVERNING LAW

The laws of Victoria, Australia, govern these Terms and Conditions and the courts of Victoria have non-exclusive jurisdiction to hear any matters arising out of or in connection with these Terms and Conditions.