Terms & Conditions

GENERAL

1.       The Five Vineyard website and online store, located at www.fivevineyard.com (Website), ­is owned, controlled and operated by Five Vineyard Pty Ltd (ACN 629 136 349) (Five Vineyard, we, our or us).

2.       As a condition of using or purchasing from the Website, you agree to the following terms and conditions (Terms) and to be legally bound thereby.

3.       If you do not agree with the Terms, you should stop using the Website.

4.       Five Vineyard has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use or purchase from the Website you agree to be governed by the Terms as varied from time to time.

RESPONSIBLE SERVICE AND SALE OF ALCOHOL

5.       Five Vineyard supports the responsible service of alcohol.

6.       It is an offence to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.

7.       Similarly, it is an offence for a person under the age of 18 years to purchase or receive liquor.

8.       By placing an order via the Website you are confirming to us that you are at least 18 years of age.

ORDERING, PRICING & SHIPPING

9.       To purchase products via the Website, you must possess a valid credit or debit card issued by a bank acceptable to us. We may use third party payment processors such as Stripe to process all card payments, and do not collect or record any card details provided by you when making purchases via the Website.

10.   By placing an order via the Website (Order), you are offering to purchase the products on and subject to these Terms. You agree that we have the right to accept or reject an Order for any reason at any time, and all Orders are subject to availability of the products.

11.   An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to your Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with our approval.

12.   Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change pricing at our discretion and without notice. Unless otherwise stated, all prices are in Australian Dollars and are inclusive of GST.

13.   Any period or date given by us for the shipping of an order is intended as an estimate only and may be subject to change. We take no responsibility for any loss suffered by you where an Order is not delivered within the estimated time frames.

AUSTRALIAN CONSUMER LAW

14.   Our goods and services come with Consumer Guarantees under the Australian Consumer Law, which cannot be excluded by these Terms. Nothing in these Terms shall override your rights as a Consumer or otherwise at law.

15.   To the extent permitted by law, and subject to clause 14, Five Vineyard:

a.       does not make any representations, warranties or guarantees in relation to the supply of goods and services by Five Vineyard via the Website; and

b.       disclaims all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Website.

16.   If you are experiencing an issue with our goods or services please email onlinesales@fivevineyard.com.au.

RISK

17.   Title in the products comprising an Order/s is retained by us and will not pass to you until full payment in cleared funds are received by us.

18.   To the extent permitted by law, all risk of loss or damage to the product passes to you when the Order is delivered to you at your nominated delivery address.

19.   It is your responsibility to inspect all products on delivery. If you believe that your Order has been lost or damaged in transit, please contact onlinesales@fivevineyard.com.au. A notification including images of any damage or missing goods is required to be sent to us by email within 24 hours of delivery. Subject to clause 14 and to the extent permitted by law, we will not be responsible for any damage unless we are notified within the time period specified.

20.   Please note that we do not provide refunds for ‘change of mind’. Subject to the clause 14, all sales via the Website are final and binding unless we agree otherwise.

PRIVACY

21.   So that we can fulfil your Order/s, we will need to collect certain personal information from you.

22.   We value you, our customers, and are committed to the transparent management of your personal information in line with our obligations under Australian privacy laws.

23.   We agree to take reasonable steps to protect your personal information submitted to us via the Website.

24.   As part of agreeing to the Terms, you also consent to us using your personal information for direct marketing purposes to provide information to you about the Website, and our products and promotions. You are able to opt-out of direct marketing communications at any time.

INTELLECTUAL PROPERTY

25.   Five Vineyard is a trade mark of Five Vineyard Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners.

26.   The Website contains material that is owned by, or licensed to, us. Such material includes, but is not limited to, photographs of our wine products (Materials). Reproduction of the Materials is strictly prohibited unless expressly stated otherwise.

27.   We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content). You may download, view, copy and print any Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited. You must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of the Website or Content for any other purpose.

THIRD PARTY LINKS

28.   The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third-party website or the products and services provided thereon. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

INDEMNITY

29.   You agree to indemnify and hold Five Vineyard (and its offers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you due to or arising out of, or in any way, connected to you breaching the Terms.

GOVERNING LAW

30.   The Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia.