Terms & Conditions
T&C's
Understand the terms & Conditions for various Fergusson Winery & Restaurant services.
Online Shop
1) LEGAL TERMS & CONDITIONS
- 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 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 Ltd ABN 41 630 266 625 under its Liquor Licence No. 32800919.
- The sale of liquor pursuant to the offer to purchase from the website is made at our licensed premises attached to Liquor Licence No. 32800919.
- Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
- 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. Maximum of 5 dozen bottles per order, please contact us directly if you would like to order more.
- 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.
2) FREIGHT CHARGES FOR NON-WINE CLUB MEMBERS
- Fergusson Winery & Restaurant offers state and territory related flat-pricing. These prices apply with a minimum of 6 bottles per order.
- Victoria – $20
- NSW/ACT – $26
- QLD, TAS, SA – $35
- Rest of Australia – $40
- Freight will be calculated at the time of ordering.
- 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 may 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.
3) DELIVERY
- Please allow for up to 10 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 added 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:
- Fergusson Winery & Restaurant
- Phone: +61 3 5965 2237
- Email: info@fergussonwinery.com.au
4) 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 80% of the 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 order number and order 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:
- Refuse to accept delivery of the product.
- Direct the Courier to Return Goods to Sender.
- Notify us immediately. Please contact us via info@fergussonwinery.com.au or +61 3 5965 2237.
- 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”.
- In the event that you receive a product that appears to have been Damaged in Transit you should:
Please Note: Information on any potential delays and interruption to Australia Post deliveries can be found here:
https://auspost.com.au/service-updates/current-updates/domestic-service-updates
Wine Club
Buy 5 Bottles, get 1 free:
The free bottle can be chosen from our estate selection, up to the value of the highest-priced bottle in your order.
Buy 10 Bottles, get 2 free:
The free bottles can be chosen from our estate selection, up to the value of the highest-priced bottle in your order.
10% Off Dining 3 Times Per Year:
This offer is redeemable three times per year, no minimum or maximum spend limit. No split bills allowed. This offer does not apply to bookings for groups over 20 and can only be used whilst dining at the restaurant.
A Birthday Voucher – $50:
Wine Club Members receive a $50 birthday voucher annually. This can be used for dining at the restaurant, or in the cellar door for take home purchases.
Priority access to all special events throughout the year
Additional discounts may also apply.
Discounted Delivery Services:
Delivery fees apply. Discounted fees depend on the location and postage may take up to 10 working days to arrive. Delivery is available within Australia only.
1) LEGAL REQUIREMENTS
- 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 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 Ltd ABN 41 630 266 625 under its Liquor Licence No. 32800919.
- The sale of liquor pursuant to the offer to purchase from the website is made at our licensed premises attached to Liquor Licence No. 32800919.
- 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 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 resale 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.
3) CLUB WINE PURCHASES
- 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. Maximum of 5 dozen bottles per order, please contact us directly if you would like to order more.
- 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) SHIPPING CHARGES FOR WINE CLUB MEMBERS
- Delivery is charged at 50% off normal pricing 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.
- Fergusson Winery & Restaurant offers state and territory related flat-pricing. These prices apply to each case of 6 bottles.
- Normal pricing for delivery: Victoria – $20 I NSW/ACT – $26 I QLD, TAS, SA – $35 I Rest of Australia – $40 (Club members to receive 50% discount off these quoted rates)
- Freight will be calculated at the time of ordering.
- 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) 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 a 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:
- Fergusson Winery & Restaurant
- Phone: +61 3 5965 2237
- Email: info@fergussonwinery.com.au
6) 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 unopened 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:
- Refuse to accept delivery of the product.
- Direct the Courier to Return Goods to Sender.
- Notify us immediately. Please contact us via info@fergussonwinery.com.au or +61 3 5965 2237.
- 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”.
- In the event that you receive a product that appears to have been Damaged in Transit you should:
Restaurant Bookings
- Bookings can be made in person, via phone, email or via online booking. We require CC details for online bookings to be confirmed. However no charges are processed without prior the guest’s knowledge. No show or late cancellation fees may apply.
- Late arriving? We reserve the right to reallocate your table to another booking if you are more than 20 minutes late without prior notice or warning.
- Bookings for special events will usually require a deposit or full prepayment. This will be outlined in the relevant event information.
- Any credit card information provided is stored securely.
Functions
- Confirmation of Booking / Deposit
- A tentative booking will be held for a maximum of two weeks, after which time if written confirmation has not been received the booking will automatically be released.
- A deposit specified on the confirmation letter is required along with the signed confirmation in order to secure the booking. If the deposit and confirmation form are not received by the due date, Edge Hospitality reserves the right to cancel the booking.
- Confirmation of Final Numbers
- Final numbers must be provided a minimum of 10 days prior to the function. The number quoted at this time will be the minimum charged, increases are allowed up until 48 hours prior to the event.
- Cancellations
- All cancellations must be made in writing to the Event Manager. (The estimated value of the booking refers to the original guest numbers estimate and package chosen.) If a function booking is cancelled:
- More than 90 days prior to the function, the deposit will not be refunded.
- Between 61 and 90 days prior to the function the client shall forfeit the entire deposit and be required to pay 10% of the estimated value of the booking.
- Within 60 days prior to the function, the client shall forfeit the entire deposit and be required to pay 50% of the estimated value of the booking.
- Within 7 days prior to the function, the client shall forfeit the entire deposit and required to pay 70% of the estimated value of the booking.
- Payment
- All accounts must be paid in full 5 business days prior to the date of the function unless otherwise specified. Any extras, such as beverages on consumption are to be paid upon the completion of the function.
- Minimum Spends
- Edge Hospitality reserves the right to apply minimum spends or minimum guest numbers in order to provide specific packages. The amount will be stated if it applies, this spend is to be made up of and food and/or beverages. Equipment hire, staffing or any other miscellaneous items are not considered part of the minimum spend.
- Equipment, Decorations and Entertainment
- To personalise your function or for a unique atmosphere we are able to arrange special equipment, decorations or entertainment through our range of suppliers. Charges will apply dependant on the arrangement through our range of suppliers.
- Labour Surcharges
- A 15% labour surcharge is applicable for all events which run after midnight or on a Public Holiday. This surcharge is based on the full amount of the event and is to be prepaid.
- Vendor Meals
- Discounted meals are available for third parties employed by the client including DJ’s, musicians, photographers and videographers etc.
- Supply of Alcoholic Beverages
- Edge Hospitality practices and enforces responsible service of alcohol. Edge Hospitality reserves the right to refuse the supply of alcoholic beverages to any guest attending the function that are underage, intoxicated or behaving in an offensive manner.
Responsible Service of Alcohol
As a liquor licensee, Fergusson Winery & Restaurant is required to meet certain obligations in relation to the responsible service of alcohol.
In accordance with these obligations, and notwithstanding any other provision in these terms and conditions, Fergusson Winery & Restaurant has the right to refuse entry or reject patrons, at its absolute discretion, if they are:
- Intoxicated;
- Violent, quarrelsome, or disorderly;
- Smoking in a smoke-free area;
- Suspected of having or using illicit drugs on the premises; or
- In breach of the outlined licensed map.
Fergusson Winery & Restaurant reserves the right, at its absolute discretion, to cease the service of alcohol if it believes that patrons are acting in a way that may result in an infringement of the liquor laws.
Staff members who hold a Responsible Serving of Alcohol certificate and have strict instructions not to serve alcoholic beverages to guests in a state of intoxication and have the right to refuse service. Aggressive, abusive behaviour will not be tolerated and may result in the removal of the individual(s) and/or early termination of the booking.