TERMS OF USE
USE OF THIS WEBSITE
Under Australian laws, it is an offence to supply alcohol to persons aged under 18 years of age and for such persons to purchase or receive liquor.
You may only use this website if you are aged 18 years or over, or otherwise over the legal drinking age in your country of residence. Please immediately exit this website if you do not meet these requirements.
AGREEMENT TO TERMS AND CONDITIONS
To the maximum extent permitted by law, these Terms of Use govern the use of this website, and we may amend them from time to time. Every time you use this website or post content or materials on it, you acknowledge to us that you:
(a) have read the Terms of Use as they stand at the time and agree to be bound by them; and
(b) are aged 18 years or over, or otherwise over the legal drinking age in your country of residence.
OUR INTELLECTUAL PROPERTY
Unless expressly stated otherwise, we own or are licensed to use all content appearing on this website (including trademarks, logos and copyright material). You must not use any trademarks, logos, copyright material or other content on this website, except with our express written consent or as permitted under applicable Australian and international laws.
CONTENT WE PROVIDE
Unless stated otherwise, we grant to you a personal, non-transferable, revocable and non-exclusive license to use any files that we expressly state are available for download on this website, for your own personal use. You must not copy, communicate to the public, modify, reverse engineer, or otherwise transfer any right in those files.
We cannot guarantee that any information (including any file) obtained from this website is free from computer viruses, other faults or defects. It is your responsibility to scan the information for computer viruses, and you assume the risk of any damage to your computer and associated equipment arising out of installation, downloading or use, of this website.
LINKS TO EXTERNAL WEBSITES
Our website may contain links to other websites. We are not responsible for the content of those websites, or any goods or services made available on them. Unless expressly stated otherwise, we are in no way endorsing, sponsoring or suggesting an affiliation with that party or their goods or services.
CONTENT YOU PROVIDE
You are fully responsible for any content (including any testimonials, comments, suggestions, ideas, graphics or any other material) that you provide to us for display on the website. We will not treat this content as confidential and we may use it for purposes which include advertising or marketing. By providing content to us, you grant us a licence to use that content in any way without payment or reference to you.
You agree not to use this website to post or display:
(a) content that you do not have the right to post or display, or that violates the intellectual property, confidentiality, privacy or other rights of any person or entity;
(b) content that is offensive, abusive, defamatory, discriminatory or false or misleading;
(c) advertising or promotional materials of any kind; or
(d) content that contains software viruses or anything harmful to this website.
We reserve the right to edit or remove any user content at any time.
YOUR PERSONAL INFORMATION AND PRIVACY
Our Privacy Policy sets out the ways in which we may collect, store, use and manage your personal information, and the physical, electronic and security measures we will take to protect your personal information.
However, by supplying us with personal information through this website, you accept the inherent security risk of dealing online over the internet and agree not to hold us responsible for any breach of security, unless we have breached a law or been negligent or in wilful default of our duties to you.
When you register as a customer on our website, or sign up for our Allocation membership, you will be asked to create a password. You are responsible for maintaining the confidentiality of your password. You are responsible for any activities that occur using your password and you must immediately notify us if you become aware of any unauthorised use of your password.
We reserve the right to disclose information about users of this website to third parties, provided that the information is not personal information and will not identify any individuals.
PURCHASE OF GOODS FROM OUR WEBSITE
We support the responsible service of alcohol and you may only purchase alcohol from us or our associates if you are aged 18 years or over.
Goods will be despatched by Tolpuddle Vineyard under Liquor Licence No. 57611161.
You agree that:
(a) both you and the person(s) receiving a delivery of goods purchased from our website are aged 18 years or over;
(b) if you place an order for goods on our website, you enter into a contract with Tolpuddle Vineyard for the supply of those goods. Each accepted order is a separate contract;
(c) Tolpuddle Vineyard can accept or reject an order for any reason, including (without limitation) unavailability of goods, an error in the pricing, image or goods description, or an error in your order;
(d) all information and data you provide when ordering is accurate, complete and up to date, and you will promptly notify us of any changes to this information or data;
(e) all prices quoted for wine and other goods sold are displayed in Australian Dollars (AUD) and are inclusive of GST. Your freight and handling charges will be calculated and added to the purchase price before you are asked to place your order. Prices listed on this website are subject to change until you have paid for the goods;
(f) once you have placed your order, you may make payment by Visa, American Express & Mastercard. Tolpuddle Vineyard will send you an electronic tax invoice/receipt via email when your payment has been processed;
(g) once the payment for your order has been processed, you will be unable to cancel it. Tolpuddle Vineyard only accepts online orders from, and delivers to, mainland Australia and Tasmania;
(h) if you are using this website from outside Australia and/or wish to place an order for delivery outside Australia, please email info@tolpuddlevineyard.com and Tolpuddle Vineyard will arrange separately the terms of that order with you;
(i) The payment system on this website uses industry standard Secure Socket Layer (SSL) technology to encrypt and protect your credit card details;
(j) Tolpuddle Vineyard will deliver your goods after payment has been processed. Please allow approximately 14 working days for delivery to Australian capital cities and surrounding suburbs, longer for regional deliveries. Tolpuddle Vineyard will not deliver any goods to persons who cannot provide satisfactory evidence that they are aged 18 years or over. We are not responsible for any loss resulting from late delivery;
(k) Tolpuddle Vineyard will use its best endeavours to ensure that goods are available for delivery. In some cases this will not be possible and we may need to reject an order for goods after payment has been processed. In these cases, we will refund you in full all amounts paid for the unavailable goods;
(l) once the goods have been delivered to the nominated delivery address, you assume all risk and title in the goods (including the risks associated with storing the goods); and
(m) Tolpuddle Vineyard will comply with all Australian laws that relate to the delivery of wine that has been ordered from our website.
Deliveries and Returns
We will replace or refund you for any bottle of wine that is damaged in transit, or is deemed faulty by our winemaking team.
For faulty bottles, we require the unfinished portion of the original bottle to be returned for testing. By law, we cannot accept returns of alcoholic beverages unless the product is faulty, or damaged. We are not obliged to accept returns of wine that is ordered in error.
Please send an email to info@tolpuddlevineyard.com or call 08 8155 6003 to arrange for the return and replacement of faulty or damaged wines.
Once the wine is received back at the winery, the winemaking team will assess the quality and we will refund your credit card account for the original purchase cost of the wine less shipping and handling. If the original shipment was damaged or flawed you will receive a full refund, including shipping and handling charges.
All event tickets purchased are non refundable.
Customer Service
If you have a question, feedback or complaint, you can raise it with us by emailing info@tolpuddlevineyard.com or call 08 8155 6003.
LIMITATION OF LIABILITY
We provide this website on an “as is” basis. We will take all reasonable steps to ensure that this website is accurate, but make no representation as to its accuracy, completeness, currency or the reliability of the content.
To the maximum extent permitted by law, all warranties and implied terms are excluded from these Terms and Conditions. To the extent that we or Tolpuddle Vineyard breaches these Terms and Conditions or any warranty or term implied in these Terms and Conditions, ours and Tolpuddle Vineyard’s liability is limited to, at our respective discretion:
(a) replacement of the goods or supply of equivalent goods; or
(b) payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services:
(c) supply of the services again; or
(d) payment of the cost of having the services supplied again.
To the maximum extent permitted by law, you also waive any and all claims that you may have against us, Tolpuddle Vineyard or our respective related companies otherwise arising out of your use of this website.