Terms & Conditions

Introduction

In these terms and conditions, “we” “us” and “our” refers to Vendimia Pty Ltd ACN 604 462 231 ABN 92 604 462 231.  Sales of alcohol products made through this site are made under South Australia Licence Number 51407108.  Your access to and use of all information on this website including purchase of our products and services are subject to the following terms and conditions.

 These terms and conditions contain seven sections:

  • Introduction
  • General Terms of Use
  • Products and Services
  • Subscriptions
  • Copyright
  • Disclaimers
  • Privacy

We may change these terms and conditions from time to time.  If a change will make you worse off, or if we think a change will have more than a minor detrimental impact for you, we will provide you with at least 30 days’ notice by email or alert on this website and you will have the right to terminate any services or orders within that period should you wish.  Your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  In general we recommend that each time you access our website you read these terms and conditions.  The latest amendments were made in May 2015.

 General Terms of Use

 Site Access

  1. Access to the website and its products and services is open to adults of or over the age of 18 years. When you purchase through our website, you acknowledge that you are of or over 18 years of age.  We may request identification and other personal information as part of the access process.  Our Privacy Policy is linked on our home page and will show how we collect, store and use the details you provide.
  2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details when they change.
  3. On registration, we will provide you with a password and username. You must ensure that your username and password remain secure and confidential.  You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password (regardless of whether you authorised such use) including unauthorised use of your or any other credit card.  Each username and password must be used by a single user and they are not transferable.  We may monitor your use of the site using your login, including concurrent use of the same login and password.  You must notify us immediately if you become aware of any unauthorised use of your username and password.
  4. You agree to pay for products and services when you confirm your purchases as set out on our website.
  5. We reserve the right to terminate your access if you breach these terms and conditions or if there is some other reason we think important. We do not have to tell you why we cancel an access.
  6. When you visit our website, we give you a limited licence to access and use our information for personal use. You are permitted to download a copy of the information on this website to your computer for your personal use only, provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.
  7. The Copyright section of these terms and conditions sets out in more detail the things you are permitted to do with the materials and information on the website. We reserve all other rights.
  8. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. Also the licence does not permit you to metatag or mirror our website without our prior written permission.  We may withdraw your access to the website if we become aware of activities of this nature.

 Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content of those other websites.  A hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.  If you use one of these links to leave our site, you should note that we do not have any control over that other website.  We cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by our privacy policy.  You should exercise caution and look at the privacy statement applicable to the website in question.  You may link to our website with our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or any of the products and services offered.

 Force Majeure

  1. Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. If a Force Majeure event causing delay continues for more than 14 days, we may by giving you 7 days’ notice suspend our commitments under these terms and conditions.

 Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of South Australia and any claim which in any way arises out of these terms and conditions will be heard in South Australia and you agree to submit to the jurisdiction of those Courts.

 Validity

  1. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Customer Grievances

  1. If for any reason you feel that we have not served your interests suitably or that some product or service does not meet your expectation, or if there is a hardship or other special consideration involved in your relationship with us, we invite you in the first instance to contact support@vendimia.global for a resolution, or if this is not successful then to appeal the matter in accordance with our Complaints

Products and Services

 Offer

  1. We offer products and services via our website, by email, by hard copy brochures and by face to face selling. Our offers are made only for acceptance by persons of or over the age of 18 years.  Every offer is made on the basis that we will consider an order from you pursuant to the offer and will conclude a sale at our discretion by accepting your offer.  When we elect to accept your offer we will notify you by email within 7 days of your order.

 Description

  1. We describe each product and service as accurately as we are able. Images and pictures are provided by way of illustration and do not necessarily show the full designs or options.  No product or service comes with any add-on or accessory unless we expressly say so.

 Prices and Payments

  1. Prices advertised are in Australian Dollars and include GST unless we advise otherwise.  In these terms and conditions, on our website and in any advertising material we use, “GST” has the meaning given to it in A New Tax System (Goods and Services Tax Act) 1999 (Cth).  If payment with order is requested, we will tell you the methods available and no sale can be concluded without payment in full.  If payment is by subscription we will tell you the methods available and you will be subject to the Subscriptions section of these terms and conditions.

Delivery

  1. Details as to delivery methods and options, packaging, insurance and costs will be disclosed in the offering of the product or service and for subscription offers delivery may be by progressive release and delivery of products and services over a specified period. The title to any product sold to you will not pass to you until we have received payment in full.

 Customer Service Contact and Response Time

  1. Our Customer Service team may be contacted on support@vendimia.global. Our commitment to you is that we will respond to email enquiries within one business day.

 Statutory Warranties

  1. 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.

 Limitation of Liability

  1. If you are not a consumer within the meaning of Australian Consumer Law then this clause applies to you. If you are not a consumer:
    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

 Returns

  1. Subject to clause 20, to request Warranty Support or return of goods for credit, please contact support@vendimia.global. You will be given a reference number and instructions how product is to be delivered to us.  When returning products it is at your risk until we receive it.  Always include the reference number provided, your current contact details, a description of the service you are seeking and any requested supporting documentation.

 Warranty Claims

  1. Subject to clause 20, if you purchase our products or services and they or any part of them are defective, we may at our option:
  1. Replace products or part of them or reimburse you for replacing the products
  2. Resupply the products or services or pay the cost of resupply
  3. Refund your purchase price.

We will always contact you to advise of valid warranty claims, or to notify you that required repairs are chargeable.  Please refer to the procedures in clause 22 for making warranty claims and arranging returns.

 Whole Agreement

  1. These terms and conditions, when read with any terms and conditions included with product descriptions or at check-out, represent the whole of the terms of the contract between you and us and all representations, undertakings, prior agreements or arrangements are expressly excluded. Where there is a conflict between these terms and conditions and terms and conditions included with product descriptions, the product terms and conditions take precedence.   You expressly acknowledge that in entering into a purchase you have not relied upon any prior representation made by us concerning the products and services, their uses, fitness, quality or specifications.

Subscriptions

 Period of Subscriptions

  1. When you purchase a subscription service we will send you a confirmation email advising when your services will commence. All subscription services including one-year subscriptions are provided on a monthly recurring basis until terminated in writing by either you or us, and after termination the services expire at the end of the next calendar month. One-year subscribers will continue on a monthly basis for twelve months, and monthly thereafter at the then current monthly fee.

 Benefit of Subscriptions

  1. Subscription services and all included products and services including those provided free are only for the use of the nominated customer and are non-transferrable to other or related entities unless authorised in writing by us. You are not entitled to a refund of any unused subscription inclusions, including those that have limitations on their availability.

 Changes to Services and Fees

  1. Monthly subscription service fees and services may change at any time. We may introduce new fees, or add, subtract or vary the subscription services from time to time; we will however provide at least one month’s notice to your nominated email address of any changes.  If you object to any such change you may terminate your subscription before the change comes into effect.  If you do not cancel your subscription within that period we will deem you to have accepted the change.  One-year subscribers will be unaffected by fee increases.

 Payment Authorities

  1. We may continue to use your existing payment authorities
  1. For new subscription fees and/or services providing we have given you at least one month’s notice of the intended change; and
  2. For monthly subscriptions following the expiry of a one-year subscription.

 Termination of Subscriptions

  1. Either we or you may without giving a reason terminate Subscription Services by giving at least one month’s written notice prior to the beginning of the next billing period.
    We may immediately terminate access and use of any part of your package at our sole discretion
  1. In the event of non-payment; or
  2. If we believe you may be breaching any of these subscription service terms or the website terms and conditions. In such circumstances we will refund any subscription service access fees relating to days beyond the termination date less any fees outstanding from you.

 Expiry of Access

  1. Upon termination, other than immediate termination, your access to the existing subscription services will expire at the end of the next calendar month. One-year subscribers will be entitled to a refund of subscription service access fees paid for the months beyond the next calendar month end, less an adjustment based on the then current monthly subscription service fee.

Copyright

 Intellectual Property Rights

  1. The copyright to all content on this website including computer code, applets, graphics, images, layouts, music, audio and visual material and text belongs to us or we have a licence to use those materials. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them.  When you visit our website, we give you a limited, non-exclusive royalty-free, revocable licence to access and use our information for your own personal and business use.  If you use our content in any other way you will be infringing our intellectual property rights.

 Comments

  1. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website or any other forum (including face-to-face sessions, seminars, chat lines, blogs and the like) become our property. If in future we use your Comments in promoting our website or in any other way, we will depersonalise it unless we obtain your consent to use your name.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.  If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

 Protection of Copyright

  1. This website and any of the Products and Services may contain Intellectual Property of Vendimia or licensors. We take the protection of copyright seriously and if we find that you have used our copyright material contrary to the licence in these terms we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. We may cancel your right to access our website and refuse to provide goods or services to you.

Disclaimers

 Exclusion of Warranties

  1. To the extent permitted by law, all conditions and warranties which could otherwise be implied into these terms and conditions including warranties of title or implied warranties of merchantability or fitness for a particular purpose are excluded.

 Comments by Users and Transactions between Users

  1. We may create forums via various mediums for raising queries, discussion and voicing opinions by persons having access to our website, presenters and our representatives. Any comments, recommendations or views expressed are those of the person making them.  We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.  We do not participate in any way in the transactions between our users.  By publishing any member’s Comments we do not endorse or approve in any way those comments or any part of them.  You acknowledge and agree that any reliance upon or use of any user Comments shall be entirely at your own risk.

 Virus and Malware

  1. We take all due care in ensuring that our website and electronic communications are free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

 Third Party Content

  1. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.