Batchelar Fine and Rare Wine (Australia) PTY LTD
This agreement is important. You should ensure that you have read it thoroughly prior to purchasing any products on our website and retain a copy of these terms and your order for future reference.
These terms and conditions apply to all wines, spirits or other goods or services supplied by Batchelar Fine & Rare Wine (Australia) PTY LTD to you. Batchelar Fine and Rare Wine (Australia) PTY LTD (ACN 130 288 327) whose registered office address is at 5/29 Ocean Avenue, Double Bay, Sydney, NSW 2028, Australia (the "Company", "we" or "us")
Amendment and Modification
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Site. Any and all amendments and alterations will be effective immediately once update is made. If you continue to use this site after any update or amendment you are deemed to still agree and to be bound by the altered and amended terms and conditions.
Supply of Liquor to Minors
"Warning. Under the Liquor Control Reform Act 1998 it is an offence:
to supply alcohol to a person under the age of 18 years (penalty exceeds $6000)
for a person under the age of 18 years to purchase or receive liquor (penalty exceeds $500)"
You must be 18 years of age or over to purchase alcohol in Australia and to order any wine featured or promoted on this site.
When you, the consumer, submit an order for wine or spirits using this site you legally confirm you are 18 years of age, or over. If you live outside of Australia, you must ensure you comply with all regulations and laws pertaining to age and the purchase of alcohol in the country in which you reside. Batchelar Fine and Rare Wine (Australia) PTY LTD cannot and will not accept responsibility for any consequences if you, the consumer, illegally submit an order because of age violation or payment fraud. You are required to confirm that you are 18 years of age or over on the order form. By this declaration you fully indemnify Batchelar Fine and Rare Wine (Australia) PTY LTD against any breach or omission of such a confirmation, which may result in legal action being taken against us.
Price and Availability
Product prices quoted on our website are inclusive of GST. We are required to automatically charge and withhold the applicable GST for orders to be delivered to addresses within Australia. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state or country.
We reserve the right to vary prices without notice.
Product prices are quoted exclusive of transit costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price.
In the event that computer error results in a material misstatement of the price of your order we may, prior to your receipt of the order or at any time thereafter, require that you pay us the different between the amount actually paid by you in respect of your order and the correct amount payable.
In the event that we become aware of any misstatement prior to delivery, we will make reasonable endeavours to contact you and advise you accordingly. You may elect to cancel your order to the extent of the misstatement.
All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted.
In the event that we are unable to supply products in the quantities specified in your order you may elect to cancel or vary your order by agreement with us.
Payment Terms and Invoicing
You must pay us in full and in cash or by credit card (as applicable) at the time that you submit your order unless we have agreed to give you credit.
If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.
Title
The goods shall remain the Seller's property until the Buyer has paid all sums due from it to the Seller. Although the goods remain the Seller's property until paid for, they shall be at the Buyer's risk from time of delivery and the Buyer shall insure them against loss or damage accordingly, and in the event of such loss or damage shall hold the proceeds of such insurance on behalf of the Seller as trustee for the Seller. In accepting delivery of the goods the Buyer undertakes to indemnify the Seller against any losses and expenses incurred by the Seller, arising from the Buyer's breach, howsoever caused.
Cancellation, Return and Replacement
After we have accepted your order for the products, you may not cancel the order without our consent;
We will not consent to cancellation if we have processed documentation in fulfillment of your order;
Returns for credit will be given at our discretion. The cost of return is your responsibility;
In the event that we consent to cancellation, we may require you to pay a minimum handling charge of $20.00 exclusive of GST per case or part thereof or a maximum of 15% of the total value of your order.
Exchange of Gifts
We are only able to accept returned gifts and arrange refunds where this is sought by the purchaser and if the item is returned to our cellar where an alternative product or gift vouchers can be provided. We are not able to exchange gifts on request of the recipient, except for reasons of quality control. We are unable to offer credit to the recipient of the gift.
Product Guarantee and Refund Policy
Subject to the following description of “new release”. if you receive corked or faulty wine we will replace it for you or credit your account.
The quality of "new release" wines is guaranteed. "New Release" wines shall be interpreted as those of a vintage 3 years old or less, or older at the discretion of Batchelar Fine and Rare Wine (Australia) PTY LTD. "New release" wines found to be out of condition, may be returned within 7 days for a full refund.
Wines not deemed to be "new release" wines, are sold on an "as is" basis. Care is taken by Batchelar Fine and Rare Wine (Australia) PTY LTD to source wines of good provenance and of good condition. Wines are also described as accurately as possible, and prices reflect the condition of individual bottles for factors such as ullage, label and capsule condition. Digital photographs can also be taken of older bottles, and e-mailed to customers on request. Once sold, we cannot be held responsible for wines subsequently found to be out of condition, although at our complete discretion, we will consider a partial refund or replacement on an individual basis.
Delivery and Transit
We will use our best endeavours to despatch orders no later than two business days after the day your order is received by us and you have received confirmation of your order from us via email or equivalent. We are not responsible for any failure to deliver or delay in delivery caused by any event outside of our reasonable control.
In the event that we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you and you have agreed to delivery at a later date.
Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).
We reserve the right to charge for re-delivery of orders that have not been completed due to incorrect address information being supplied by the customer. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
If your delivery has been damaged in transit (subject to availability and insurance) we will replace it for you. Please note that damaged goods must be reported within 48 hours of delivery.
If your order has been packed incorrectly and is not what you have been invoiced for, we will put it right for you. Please note that packing errors must be reported within 48 hours of delivery.
Nothing in these terms entitles you to return the products as being surplus to your needs, or for any other reason other than set out herein.
Customers are requested to carefully check all goods at the time of delivery. The delivery or carrier's note should be signed noting any shortages or breakage.
Sale of Event Tickets
Places to tasting events may only be secured once full payment has been received. As tickets to an event run out, tickets will be allocated in the order in which orders are received (together with payment). Tickets listed are subject to availability.
The right to refuse admission is reserved.
The right to change the programme without notice is reserved.
In the event of customers wishing to cancel a booking up to 14 days before the event, a cancellation fee of 30% of the face value will be charged, and the balance refunded within 30 days.
No refunds will be given for cancellations made within 14 days of the event. (However, at the discretion of Batchelar Fine and Rare Wine, if there is a waiting list for tickets, we may be able to on-sell your tickets for you). Refunds will only be given after this time if we are able to re-sell your tickets.
Cellarage Terms & Conditions
Title of goods: Wine purchased for cellarage remains the property of Batchelar Fine and Rare Wine (Australia) PTY LTD until all invoices and outstanding charges are settled. Subsequently title is determined by reference to the Annual Stock Certificate and, in the case of sealed cases, to the name and Stock Number marked on each case.
Third party beneficiaries: Irrespective of whether the wines in your reserve have been bought for a third party or ownership is actually or beneficially transferred to that third party (whether related to you or not) and whether or not we have been informed of this, you, and only you, shall be our client in respect of your reserves and shall be solely responsible for all payments and for providing all instructions in relation to the reserve. You hereby agree to indemnify us against all and any liability, losses, expenses and costs arising from any claim of whatever nature made by such third parties and incurred by us in exercising our right of sale or disposal, or refusing to act upon such third parties' instructions or otherwise.
Limitation of liability Ullages/Condition Loss: Whilst Batchelar Fine and Rare Wine (Australia) PTY LTD will take every reasonable care in the storage of your wines, no liability will be accepted for deterioration which may occur through the natural processes to which all wines and their corks, however well cared for, are subject. Fine and Rare Wine (Australia) PTY LTD are not liable for any loss of condition or decline in market value due to natural processes, ullage or being cellared too long
Non-Payment: We reserve the right to sell at our discretion some or all of the customer's wines and spirits and to deduct from the proceeds of sale all outstanding storage charges and any costs incurred in connection with the sale. The balance of the proceeds of the sale will be retained pending receipt of the customer's written request for payment.
Termination: We may terminate your cellarage upon not less than 3 months prior notice to you expiring at the end of the relevant rental year. In such event you agree to collect your reserves or provide us with delivery details within 7 working days of the expiry of the relevant rental year. If you fail to do so then, in additional to our right of sale for non- payment (see below) we reserve the right to dispose by sale or otherwise your Reserves which have not been collected or where no instructions for delivery have been received. We shall have the right to deduct from the proceeds of sale any monies you owe us and will send you the balance subject to receiving your instructions to do so. We are not obliged to add interest to the balance.
Website Access
Batchelar Fine and Rare Wine (Australia) PTY LTD grants you access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Batchelar Fine and Rare Wine (Australia) PTY LTD. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Batchelar Fine and Rare Wine (Australia) PTY LTD. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Batchelar Fine and Rare Wine and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Batchelar Fine and Rare Wine (Australia) PTY LTD’s name or trademarks without the express written consent of Batchelar Fine and Rare Wine (Australia) PTY LTD. Any unauthorised use terminates the permission granted by Batchelar Fine and Rare Wine (Australia) PTY LTD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Batchelar Fine and Rare Wine (Australia) PTY LTD so long as the link does not portray Batchelar Fine and Rare Wine (Australia) PTY LTD, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Batchelar Fine and Rare Wine (Australia) PTY LTD logo or other proprietary graphic or trademark as part of the link without express written permission.
Register Members, password and Security
Registered members agree to:
provide certain current, complete and accurate information about yourself;
maintain and update this information as required to keep it current, complete and accurate.
Batchelar Fine and Rare Wine (Australia) PTY LTD may refuse to provide or to continue to provide access to the Website at its sole discretion until you are accepted as a Registered Member. Batchelar Fine and Rare Wine (Australia) PTY LTD reserves the right to terminate your use of the Website if any information provided by you is incomplete or inaccurate.
Your Registered Member account is not transferable. Once you become a Registered Member, you will receive an access code, which consists of a client/user number and password. Your access code is used to log into the secure area of the Website. It is important that you:
keep secure and protected your record of access codes;
keep only one record of your access codes;
keep your record of your password, or client number or confidential identification details you have provided separate and apart from each other;
do not tell any unauthorised person your access codes;
do not allow any unauthorised person to read, watch you enter, or view your access codes.
Batchelar Fine and Rare Wine (Australia) PTY LTD may cancel the use of the secure area of the Website at any time without notice if we believe the access codes have been used, or will be used in a way that will cause confidential information to be released.
Registered Member Conduct
Your right to use the Website is personal to you. You undertake not to use or allow the Website to be used:
to receive, store, display, send or publish any material which is offensive, abusive, indecent, defamatory, obscene racially or ethnically abusive or menacing;
to receive, store, display, send or publish any material in breach of confidence;
to receive, store, display, send or publish any material which is harmful to minors in any way;
to receive, store, display, send or publish any material that infringes the intellectual property rights, privacy, publicity or any other rights of any third party;
to cause annoyance, inconvenience or needless anxiety;
in breach of any applicable law, regulation or code;
to send unsolicited or unauthorised advertising , "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; or
in a manner which is otherwise unlawful.
Batchelar Fine and Rare Wine (Australia) PTY LTD may (temporarily or permanently) grant limited access or deny access to the Website or any part of it or cease to provide any of its facilities where, in its sole discretion, continued use by you is or is likely to contravene any of the above provisions.
Website Fraud
Batchelar Fine and Rare Wine (Australia) PTY LTD is committed to reducing fraud. Our policy is that we will prosecute any cases of fraud that we identify. Should any transaction be completed on the Website using a stolen credit card, we will co-operate with the relevant authorities to prosecute the offender.
Website Mailing List
Batchelar Fine and Rare Wine (Australia) PTY LTD offers all Registered Members the option to join our mailing list. Subscription to this service is optional and free.
If you belong to our mailing list, we will send information about events, specials, new features, services & products available through the Website. This is intended to keep you up to date with our Website, and to make your wine collecting, storing and trading experience easier. Should you no longer wish to receive this information, there is an option to unsubscribe from our mailing list from within the secure area of the Website. You may unsubscribe at any time.
It is our policy to actively remove old email addresses and domains that consistently send failure messages to our email servers. Therefore, we request that you to keep your contact information up to date. Batchelar Fine and Rare Wine (Australia) PTY LTD reserves the right to unsubscribe Registered Members from our mailing lists, without reason or notice.
Intellectual Property Rights
We own, control or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services or saving website content, for your own personal use.
Unless you have written permission you may not, in any like form or, in fact, by any other means, copy, translate or modify, save or store in memory or distribute or reproduce any component or part of this website without written permission of Batchelar Fine and Rare Wines and this includes the look, tone and feel of the website. Access to this site is provided for personal and non-commercial use.
Any infringement of our intellectual property rights will be fully enforced under Australian law.
Location, Jurisdiction and Disputes
Batchelar Fine and Rare Wine (Australia) PTY LTD is operated, controlled and run from Australia. We make no representations that the website complies with the laws of any country outside of Australia. If you access the website from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you use the website when purchasing products online.
These Terms and Conditions will be subject to the laws of Australia. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the Australia.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY BATCHELAR FINE AND RARE WINE (Australia) PTY LTD ON AN "AS IS" AND "AS AVAILABLE" BASIS. BATCHELAR FINE AND RARE WINE (Australia) PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BATCHELAR FINE AND RARE WINE (Australia) PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BATCHELAR FINE AND RARE WINE (Australia) PTY LTD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BATCHELAR FINE AND RARE WINE (Australia) PTY LTD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BATCHELAR FINE AND RARE WINE (Australia) PTY LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Release and Indemnity
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against Batchelar Fine and Rare Wine (Australia) PTY LTD, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
You hereby agree to indemnify and defend Batchelar Fine and Rare Wine (Australia) PTY LTD, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax including GST, liability and/or expense that may be incurred by Batchelar Fine and Rare Wine (Australia) PTY LTD its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these terms and conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Batchelar Fine and Rare Wine (Australia) PTY LTD, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of your use of the Website or other services, the breach of these terms and conditions, or the infringement of any intellectual property or other right of any person.
Force Majeure
No party shall be deemed to be in breach of these terms and conditions (other than any obligation to pay money) by reason of any delay in performance or non-performance to the extent that such delay or non-performance is due to causes beyond its reasonable control (including, but not limited to, any strike, lock-out or other form of industrial action, acts of God, war, riot, fire, flood or storm) and the party concerned has acted and continues to act reasonably and prudently to prevent and to minimise the effect of such causes.
Investment risk
Everyone's circumstances differ and what may be a good investment for one person will not be appropriate for another. Nothing on this web site constitutes investment advice. If you are considering investing in wine, you should also consider getting independent, personalised advice. You should also remember that past changes in the value of wine do not indicate how the value may change in the future
