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Terms And Conditions

The Wine Conditions

1) LEGAL

  • It is against the law to sell or supply alcohol to or obtain alcohol on behalf of a person under the age of 18 years.
  • By completing the order and offer to purchase the liquor, all the details you have provided are vouched true and correct. It is a condition of purchase that you verify that you are 18 years of age or over.
  • If you do not verify that you are 18 years or older your order will not be processed.
  • Delivery via Australia Post cannot be left at the door and must be signed for by a person able to verify that they are over 18 years of age.
  • Your contract of sale is with Pty Limited ABN XX XX XX under its Liquor Licence No. XX XX XX.
  • The sale of liquor pursuant to the offer to purchase from the website is made at our licensed premises attached to Liquor Licence No. XX XX XX.
  • Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

2) TERMS & CONDITIONS OF WINE CLUB MEMBERSHIP

  • I authorise to debit my credit card with the cost of my wine deliveries each order period.
  • I understand that I will receive pre-delivery notification by email of upcoming shipments up to four weeks in advance at which time I can elect to change the content of my delivery.
  • I understand that my selection of wines will be used as my preference for future deliveries and that vintages and prices may change and I will be notified in writing.
  • The wines I am purchasing are not for re-sale by a licensed person.
  • I am 18 years or older.
  • To accept delivery there must be a person 18 years or older present to sign.
  • Wine Club discounts will not apply in conjunction with other special offers unless specified.
  • Benefits can only be claimed on verification of my club membership details.
  • I must notify in writing if I choose to withdraw from the Wine Club after the initial 12-month period.

3) WINE CLUB AND NON-WINE CLUB ORDERS

  • All prices include GST and are quoted in Australian dollars.
  • Please feel free to select any of our wines as part of your order – either one variety or a mixed case.
  • All orders must be in multiples of 6 bottles as our case sizes for safe transport are for 6 or 12 bottles. Please feel free to order as many cases as you would like.
  • Fergusson Winery & Restaurant currently ships within Australia only.
  • Fergusson Winery & Restaurant reserves the right without prejudice to its other rights under these Terms and Conditions or at law to cancel orders or to suspend deliveries until payment is made in full.
  • Fergusson Winery & Restaurant reserves the right to alter pricing of a product/products at any time at the sole discretion of the company. In the event that a system error occurs and pricing is displayed incorrectly, reserve the right to alter pricing and quantity supplied to reflect the correct value.
  • Fergusson Winery & Restaurant reserves the right to refuse any order and to withdraw any wines or any range of wines from sale from time to time notwithstanding that such wines may be displayed on website for purchase.
  • You acknowledge that once an order is made it cannot be cancelled without the written consent of and on terms whereby you indemnify for any administration and financial costs incurred by it.

4) FREIGHT CHARGES FOR WINE CLUB MEMBERS

  • Delivery is free of charge for Wine Club Members, except for Northern Territory and remote areas, which will incur additional freight fees and handling costs to those outlined. These will be determined prior to shipping. Please call us to enquire about costs if your location falls into this category.
  • In circumstances where the delivery location is not covered by our standard freight service (for example external Australian territories and extremely remote locations), additional freight fees and handling costs to those outlined above will be incurred. Please call us to enquire about costs if your location falls into this category.
  • Fergusson Winery & Restaurant reserves the right to charge any freight and handling fee on any special orders. Fergusson Winery & Restaurant reserves the right to change freight charges.

5) FREIGHT CHARGES FOR NON-WINE CLUB MEMBERS

  • Fergusson Winery & Restaurant has three simple tiers to offer national flat-pricing for almost 90% of households in Australia. These prices apply to each case of 6-12 bottles.
  • Sydney $8.75 | National $17.75 | Remote $28.95.
  • ‘National’ applies to locations in main metropolitan centres. It does not include the Northern Territory.
  • ‘Remote’ applies to locations outside main metropolitan centers. It includes the Northern Territory.
  • Freight will be calculated at the time of invoicing.
  • In circumstances where the delivery location is not covered by our standard freight service (for example external Australian territories and extremely remote locations), additional freight fees and handling costs to those outlined above will be incurred. Please call us to enquire about costs if your location falls into this category.
  • Fergusson Winery & Restaurant reserves the right to charge any freight and handling fee on any special orders. Fergusson Winery & Restaurant reserves the right to change freight charges.

6) DELIVERY

  • Please allow for up to 7 working days for your wine to be received after receiving confirmation of your order.
  • If you have not received your wines in this timeframe, please contact us and we will trace your delivery.
  • You are responsible for providing full and accurate delivery address, contact numbers and instructions. Re-delivery because of any failing in these aspects will be to your account.
  • To​ ​ensure​ ​correct​ ​delivery​ ​–​ ​please​ ​be​ ​aware​ ​that​ ​if​ ​you​ ​are​ ​not​ ​available​ ​to​ ​receive delivery:
    • Australia​ ​Post​ ​will​ ​leave​ ​a​ ​card​ ​informing​ ​you​ ​of​ ​wines​ ​available​ ​for​ ​collection at​ ​your​ ​post​ ​office​ ​if​ ​there​ ​is​ ​no-one​ ​home​ ​to​ ​take​ ​delivery.​ ​Australia​ ​Post​ ​will not​ ​leave​ ​the​ ​wines​ ​unattended​ ​as​ ​they​ ​follow​ ​responsible​ ​conduct​ ​law.
  • Delivery​ ​times​ ​made​ ​known​ ​to​ ​you​ ​are​ ​estimates​ ​only​ ​and​ Fergusson Winery & Restaurant ​is​ ​not liable​ ​for​ ​any​ ​late​ ​or​ ​non-delivery.
  • Please​ ​allow​ ​up​ ​to​ ​5​ ​working​ ​days​ ​for​ ​capital​ ​city​ ​deliveries​ ​and​ ​up​ ​to​ ​10​ ​working days​ ​for​ ​regional​ ​areas,​ ​although​ ​we​ ​cannot​ ​be​ ​accountable​ ​for​ ​unusual​ ​delays​ ​by Australia​ ​Post.
  • Without​ ​limiting​ ​the​ ​operation​ ​of​ ​any​ ​other​ ​Terms​ ​and​ ​Conditions​ ​herein,​ ​you​ ​agree that​ ​late​ ​delivery​ ​does​ ​not​ ​constitute​ ​a​ ​failure​ ​of​ ​our​ ​agreement,​ ​and​ ​does​ ​not​ ​entitle you​ ​to​ ​cancel​ ​an​ ​order.
  • Without​ ​limiting​ ​the​ ​operation​ ​of​ ​any​ ​other​ ​Terms​ ​and​ ​Conditions​ ​herein,​ ​Fergusson Winery & Restaurant​ ​will​ ​not​ ​accept​ ​liability​ ​for​ ​any​ ​loss​ ​or​ ​damage​ ​arising​ ​from​ ​items​ ​lost, stolen​ ​or​ ​damaged​ ​after​ ​delivery​ ​has​ ​taken​ ​place.
  • Fergusson Winery & Restaurant​ ​is​ ​not​ ​liable​ ​for​ ​any​ ​loss,​ ​damage​ ​or​ ​delay​ ​occasioned​ ​to​ ​you​ ​or any​ ​other​ ​person​ ​claiming​ ​through​ ​you​ ​arising​ ​from​ ​late​ ​or​ ​non-delivery​ ​of​ ​the​ ​wine ordered.
  • Contact Us:

7) RETURNS POLICY

  • Should​ ​you​ ​receive​ ​a​ ​case​ ​of​ ​wine​ ​that​ ​appears​ ​to​ ​have​ ​been​ ​damaged​ ​in​ ​transit​ ​we will​ ​provide​ ​you​ ​a​ ​replacement,​ ​or​ ​an​ ​alternative​ ​product​ ​of​ ​equal​ ​value​ ​of​ ​your choice,​ ​or​ ​a​ ​full​ ​refund.​ ​Should​ ​you​ ​receive​ ​a​ ​product​ ​that​ ​is​ ​different​ ​to​ ​what​ ​you ordered​ ​then​ ​we​ ​will​ ​provide​ ​you​ ​a​ ​replacement​ ​(if​ ​product​ ​is​ ​available),​ ​or​ ​an alternative​ ​product​ ​of​ ​equal​ ​value​ ​of​ ​your​ ​choice,​ ​or​ ​a​ ​full​ ​refund.​ ​If​ ​you​ ​are dissatisfied​ ​with​ ​the​ ​product​ ​you​ ​received​ ​you​ ​can​ ​return​ ​them​ ​for​ ​a​ ​full​ ​refund (provided​ ​that​ ​at​ ​least​ ​9​ ​bottles​ ​from​ ​the​ ​case​ ​are​ ​returned​ ​to​ ​us​ ​in​ ​good​ ​condition),
    under​ ​the​ ​following​ ​circumstances:
    • The​ ​un-opened​ ​wine​ ​bottles​ ​are​ ​returned​ ​within​ ​7​ ​days​ ​of​ ​opening​ ​any​ ​of​ ​the wine​ ​cases,​ ​and​ ​upon​ ​internal​ ​testing​ ​of​ ​the​ ​product​ ​by​ ​Fergusson Winery & Restaurant​ ​it​ ​is deemed​ ​faulty​ ​or​ ​defective.
    • We​ ​will​ ​refund​ ​your​ ​money​ ​when​ ​we​ ​receive​ ​the​ ​goods​ ​and​ ​we​ ​are​ ​satisfied that​ ​they​ ​are​ ​in​ ​original​ ​condition.
    • You​ ​will​ ​need​ ​to​ ​supply​ ​the​ ​following​ ​information,​ ​most​ ​of​ ​which​ ​will​ ​be​ ​on your​ ​Invoice​ ​upon​ ​returning​ ​the​ ​product:
      • Your Name and Contact Details
      • The Invoice Number & Invoice Date
      • Description of Product to be Returned
      • The Reason for Return
  • All​ ​returns​ ​are​ ​to​ ​be​ ​delivered​ ​to: Fergusson Winery & Restaurant,​​ ​​82 Wills Road, Dixons Creek, VICTORIA 3775 AUSTRALIA
  • For​ ​enquiries​ ​contact​ ​us​ ​via​ info@fergussonwinery.com.au​​​ ​or​ ​​+61 3 5965 2237.​ ​We​ ​will bear​ ​the​ ​reasonable​ ​cost​ ​of​ ​returning​ ​goods​ ​that​ ​are​ ​defective,​ ​do​ ​not​ ​meet​ ​the product​ description​ ​or​ ​were​ ​sent​ ​in​ ​error.​ ​All​ ​other​ ​returns​ ​are​ ​at​ ​your​ ​expense.
  • Damaged​​ ​​in​​ ​​transit
    • In​ ​the​ ​event​ ​that​ ​you​ ​receive​ ​a​ ​product​ ​that​ ​appears​ ​to​ ​have​ ​been​ ​Damaged in​ ​Transit​ ​you​ ​should:
    • If​ ​you​ ​have​ ​already​ ​accepted​ ​delivery,​ ​and​ ​then​ ​notice​ ​that​ ​the​ ​product appears​ ​to​ ​have​ ​been​ ​damaged​ ​during​ ​transit​ ​you​ ​should​ ​notify​ ​us immediately,​ ​so​ ​we​ ​can​ ​process​ ​the​ ​return​ ​as​ ​“Damaged​ ​in​ ​Transit”.
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