Terms of service
TERMS OF SERVICE
This website and its contents are owned or licensed to Stanton & Killeen Wines (ABN 11 063 095 418) (Stanton & Killeen Wines, we, us or our).
WARNING
Under the Liquor Control Reform Act 1998, it is an offence:
(a) to supply alcohol to a person under the age of 18 years (penalty exceeds $23,000).
(b) for a person under the age of 18 years to purchase or receive liquor (penalty exceeds $900).
You may only view or use this website (or otherwise purchase wines from us) if you are aged at least 18 years. Please immediately exit this website if you do not meet these requirements.
Stanton & Killeen Wines encourages a responsible attitude to the consumption of alcohol.
To the maximum extent permitted by law, these terms of service (Terms of Service) govern the use of this website and the purchase of any goods via this website or pursuant to a Stanton & Killeen Wine Club offer.
If any part of these Terms of Service is illegal or unenforceable at law, either in whole or in part, it may be severed and the remaining Terms of Service will continue in full force and effect.
We may change these Terms of Service from time to time. Your subsequent use of our website or purchase of goods from us, after such changes have been posted to the website, will constitute your deemed acceptance of such changes.
We recommend that you read these Terms of Service carefully each time you visit our website or before you order goods from us. The Terms of Service that will apply to an order are the terms that appear on the website at the time you placed the order.
YOUR PERSONAL INFORMATION AND PRIVACY
Our Privacy Policy Privacy policy – Stanton & Killeen Wines sets out the ways in which we may collect, store, use, disclose and manage your personal information, and explains the physical, electronic and security measures we will take to protect your personal information. However, we cannot guarantee the security of information you disclose to us online.
By supplying us with personal information through this website, you accept the inherent security risks of dealing online over the internet and agree not to hold us responsible for any breach of security, unless we have breached a law, been grossly negligent or been in wilful default of our duties to you.
Any use or disclosure of information regarding users of the Stanton & Killeen Wines website will be strictly in accordance with our Privacy Policy.
We take complaints about privacy matters very seriously. Our complaints handling procedure is set out in our Privacy Policy.
OUR INTELLECTUAL PROPERTY
Unless expressly stated otherwise, we own or are licensed to use all content appearing on this website (including trade marks, logos, designs and copyright material) (Content). You must not use or reproduce any Content on this website, in whole or in part, except with our express written consent or as permitted under applicable Australian and international laws.
If we allow you to use any of our Content, our status as the owner or licensee of that Content must be acknowledged.
WEBSITE CONTENT
Unless stated otherwise, we grant to you a personal, non-transferable, revocable and non-exclusive licence or sub-licence to use any files that we expressly indicate are available for download from this website, for your own personal, non-commercial use. You must not copy, communicate to the public, modify, reverse engineer or transfer any right in those files.
Stanton & Killeen Wines does not represent and cannot guarantee that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Stanton & Killeen Wines is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installing, downloading or using this website remains with you.
LINKS TO EXTERNAL WEBSITES
Our website may contain links to websites or advertisements of goods or services available from third parties. We are not responsible for the content of those websites or advertisements, 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 any third party or their goods or services.
PROMOTIONS
All specials, promotions, clearances, offers and discounted items advertised on our website are available only while stocks last, unless otherwise advertised.
NATURE OF THE CONTRACT
By entering your details to purchase goods, you are offering to make a contract between you and Stanton & Killeen Wines for the supply of those goods, which only comes into existence when we accept your order. We will notify you of acceptance of an order via email confirmation, and there will be no obligation to sell the goods until such acceptance.
The contract will be deemed made at our licensed premises at 440 Jacks Road, Rutherglen, Victoria 3685, from where the goods will be despatched under our Victorian Liquor Licence No. 32800838.
Each order you place will lead to a separate contract upon acceptance. Orders cannot be cancelled once accepted, unless by arrangement with Stanton & Killeen Wines.
All information and data you provide when placing an order must be accurate, complete and up to date and you agree to promptly notify us of any changes to this information or data.
PRICE
Stanton & Killeen Wines’ prices are subject to variation. The price payable for the goods is the price applicable on the date when we confirm your order. We are not bound to supply goods at the prices displayed on the website where there are errors or omissions in such pricing. However, if the price is different from that appearing on the website, you will be advised and have the opportunity to rescind your order.
All prices quoted for the goods are displayed in Australian Dollars (AUD) and are inclusive of GST.
The quoted price does not include freight or handling fees (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the applicable freight and handling fees, as described online. Exemptions from freight or handling fees are included in any special offers we may make only.
PAYMENT
You must pay for the goods before we despatch your order. You may make payment by MasterCard, Visa, American Express, PayPal or such other payment method which may be introduced from time to time.
Wine Club members can elect for Stanton & Killeen Wines to use their credit card details on file to pay for additional purchases online. Non Wine Club members’ credit card details are passed through the secure payment gateway, processed immediately and not retained on file, unless you elect for such details to be retained.
Please note that, by using the payment facilities provided by any third parties, you may be subject to additional terms, conditions, fees and charges imposed by those third parties.
DELIVERY
Stanton & Killeen Wines will not be obliged to deliver goods to you if your delivery address is not in an area to which Stanton & Killeen Wines’ carrier delivers goods.
We will endeavour to deliver goods to you after we have processed your payment and in accordance with the time frames set out in our Shipping Policy Shipping policy – Stanton & Killeen Wines, or by any other estimated delivery date, but we do not guarantee delivery on any date and we are not liable for any loss resulting from late delivery.
Goods will not be delivered to persons under the age of 18 years. Stanton & Killeen Wines (or its delivery agent) may request that the person who receives the goods provides satisfactory evidence of proof of age. Stanton & Killeen Wines will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.
If there is no-one at the nominated delivery address to receive the goods, a card will be left for you, and a contact address and number will be provided from where the goods can be collected during business hours, unless you are an existing customer and give us special instructions otherwise. If you give special instructions for our delivery agent to leave the goods somewhere when the premises are unattended, neither we nor our agent will be liable for its loss or damage. Any adult at the nominated delivery address, who receives the goods, will be presumed by Stanton & Killeen Wines to be authorised to receive the goods.
RISK AND TITLE
Risk and title in the goods (including risks associated with storing the goods) passes to you upon delivery of the goods to the nominated delivery address as set out above and in our Shipping Policy.
If goods are returned to us and you have been refunded payment, you agree that title in the goods will immediately revert back to us upon you receiving the refund, and risk will pass back to us upon us accepting the returned goods as set out in our returns policy below.
INTERNATIONAL PURCHASES
We are generally unable to deliver outside Australia. If you are seeking to purchase from outside Australia, please email us at wine@stantonandkilleen.com.au and we will do our best to assist you to access our wines.
RETURNS POLICY
If any goods purchased from this website;
(a) prove faulty within 1 year of receiving the goods;
(b) do not match the description of the goods as provided when sold;
(c) when received, are not the goods ordered;
(d) have been damaged in transit,
we will gladly arrange a refund or exchange of the goods if you notify us, promptly upon the issue becoming apparent, by phone or email, to arrange a return of the goods, and then return them in accordance with the following requirements. Goods returned without prior notice will be rejected.
If we are satisfied with your claim, we will issue a returns note for you to return the goods to us at a nominated address.
Please ensure that returned goods are safely packed in their original packaging. We will not be held liable for damage to goods incurred during return shipping.
Upon receival of the returned goods, we will offer you a refund or exchange, at your option, and a reimbursement of your reasonable costs of returning the goods to us.
WINE CLUB
By signing up as a member (Member) of one of our wine clubs (Wine Club), you are committing to purchase the selected pack(s) at the nominated frequency (i.e. quarterly or twice per year). Notification of the wine packs will be forwarded in our newsletter.
The price for each pack is indicative only at the time of sign-up. Exact prices will be determined according to the specific make-up of each pack. Wine Club Member pricing is available only to current Wine Club Members.
When you register online to become a Member, you will be sent an email with a temporary password to allow you immediate access to the Member-only elements of our website. You are responsible to maintain the confidentiality of your password and for any activity under your account. You must immediately notify us of any unauthorized use of your password or any other breach of security of which you become aware. We will not be responsible for any loss arising from the unauthorized use of your password, before we are notified of it.
Where we allow Members to change the make-up of a regular delivery pack, this will also change the pricing according to the new selection made by the Members. Changes may only be made to the next scheduled delivery pack, not to subsequent packs, and Members may only substitute currently available wines for wines in a pack.
We will use the information you give us on your Wine Club Member application form to send you regular Wine Club packs and to let you know about special events or offers which may be of interest to Members. Use of the information will otherwise be in accordance with our Privacy Policy.
FURTHER WINE CLUB TERMS & CONDITIONS
1. To join our Wine Club, you must:
(a) be 18 years of age or older;
(b) be resident in Australia and have an Australian postal address;
(c) hold a valid Mastercard or Visa debit or credit card; and
(d) agree to these Wine Club terms & conditions.
2. There is no membership fee payable for joining the Wine Club.
3. Wine Club Members must provide current credit card details to allow payment to be processed for their regular Wine Club packs.
4. By joining the Wine Club, Members authorise Stanton & Killeen Wines to debit the credit card provided with the cost of their Wine Club order, on their chosen delivery frequency, and to keep these details on file to pay for future purchases.
5. Packs curated by us will be unveiled quarterly and pricing is subject to change accordingly. You will receive an email newsletter advising of pack inclusions at least 7 days before scheduled processing and despatch.
6. The Wine Club is fully flexible. Where permitted by us, Members may skip or cancel their regular pack, or customize their pack, during the time from publication of the newsletter, advising the contents and price of the pack, until the cut-off date specified in the newsletter. They can do so by logging onto the Member portal on our website or by contacting us via phone or email.
7. If you wish to make any changes to a pack or to your membership (including cancelling the pack or membership), the request must be received by us prior to the processing and despatch date of the notified upcoming delivery. Members are liable to pay for those wine packs that have been despatched prior to pack or membership change/cancellation notification.
8. As a Wine Club Member, you understand that it is your responsibility to inform us of any change in address and delivery details. Charges incurred due to recovery of packs from an old or incorrect address will be the responsibility of the Member. You can update your address and contact details in the Member portal or by contacting us.
9. We reserve the right, at our sole discretion, to vary these Wine Club terms and conditions. Should we vary these terms and conditions, we will notify Members via the email address provided to us on their Member application form. A Member’s continued participation in the Wine Club at least 7 days after such notification will constitute their deemed acceptance of such variation.
10. Shipments of packs are for Members personal consumption only and must not be used for retail sale.
11. We reserve the right to cancel your membership of our Wine Club on grounds which include, but are not limited to:
(a) you skip two Wine Club pack orders in a row;
(b) a breach of, or act or omission contrary to, the terms and conditions applicable to your membership of the Wine Club;
(c) your bankruptcy or death;
(d) your failure to pay moneys owed to us;
(e) your provision of false or misleading information to us;
(f) you threatening, intimidating, abusing or defaming us or any of our employees; or
(g) you no longer meeting our qualifications to be a member of the Wine Club.
12. For the avoidance of doubt, cancellation of your membership of the Wine Club, by you or by us, does not absolve you of any debt that is owed to us, or us from any obligation we owe to you (e.g. in relation to defective goods).
13. The other Terms of Service and the Shipping Policy and Privacy Policy on this website apply to sales and shipments to Wine Club Members.
EVENTS
All tickets to events held at our venue, or events organised by us, are subject to the following terms and conditions (unless expressly stated otherwise):
(a) all of our events are completely licensed, so strictly no alcohol is to be brought on site by patrons;
(b) age identification will be required to purchase alcohol;
(c) you agree to act in a responsible manner and to comply with the directions of our staff and our authorised representatives at all times;
(d) persons who are unduly intoxicated at our events will not be served alcohol. We reserve the right to refuse to allow you to enter an event and may require you to leave an event if you appear intoxicated or behave in an inappropriate manner;
(e) tickets may not:
(i) be offered for re-sale; or
(ii) be used for promotional or other commercial purposes,
without our express written consent. Any breach of this requirement may result in your ticket being cancelled;
(f) to the maximum extent permitted by law, you remain solely responsible for any loss, theft or damage to any personal property that you bring to our events, except to the extent that we are negligent;
(g) to the maximum extent permitted by law, you remain solely responsible for any injury or harm to yourself (including loss of life), except to the extent that we are negligent; and
(h) by attending an event, you acknowledge and consent to:
(i) being photographed, or otherwise having your image recorded, by us and any of our nominated agents, contractors or representatives;
(ii) your Image being broadcast (including on social media websites), published, reproduced, modified or otherwise used in any medium, without any fee, compensation or prior consultation. If your Image is modified, it will not be modified in a derogatory manner; and
(iii) your Image being used for purposes which include artistic expression, the promotion or marketing of our business and any other commercial purposes.
SOCIAL MEDIA
We maintain a presence on Instagram, X, YouTube, LinkedIn and Facebook. but are not endorsed by, or affiliated with, those organisations (Social Media Accounts). You are fully responsible for any content you post on the pages of our Social Media Accounts.
You must not post on the pages of our Social Media Accounts material that:
(a) is abusive, defamatory, offensive or threatening towards us, our employees or any other person or organisation;
(b) violates the intellectual property, confidentiality, privacy or other rights of any person or entity;
(c) breaches the terms and conditions of any of the providers of the Social Media Accounts;
(d) constitutes spruiking or other advertising, unless written consent has been obtained from us to post such material; or
(e) relates to any illegal activity.
We reserve the right to edit or remove any material that you post on the pages of our Social Media Accounts.
Please note that you will be subject to, and agree to comply with, the respective terms and conditions imposed by Instagram, X, YouTube, LinkedIn and Facebook whilst you are visiting any of our Social Media Accounts.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, including the Australian Consumer Law:
(a) we provide this website on an ‘as is’ basis. We give no representation or warranty regarding the accuracy or completeness of the content of this website;
(b) we may suspend access to our website or close it indefinitely without notice and we accept no liability in consequence of that;
(c) you accept the inherent security and reliability risks of dealings on the internet and we accept no liability for any such issues you may suffer in that respect;
(d) without excluding any mandatory statutory guarantees contained within the Australian Consumer Law or other statutory rights which cannot be excluded by contract, all conditions, warranties and implied terms are excluded from these Terms of Service;
(e) we are not liable for a breach of our obligations under these Terms of Service, including but not limited to an obligation to deliver goods by a certain time, which has resulted from an “act of God” or other cause beyond our reasonable control. Those causes might include accident, extreme weather conditions, transport or other strike, pandemic, government action, failure of equipment or failure of the internet;
(f) we are not liable for any loss of revenue, loss of actual or anticipated profits, loss of business or indirect or consequential loss;
(g) to the extent that we breach these Terms of Service by providing non-compliant goods or services, our liability is limited to, at our discretion, either:
(i) replacement of the goods or supply of equivalent goods;
(ii) payment of the cost of replacing the goods or acquiring equivalent goods;
(iii) supply of the services again; or
(iv) payment of the cost of having the services supplied again;
(h) none of paragraphs (a) to (g) above limit each other and they operate cumulatively.
NOTICES
Stanton & Killeen Wines may give notice to you by electronic mail or by regular mail to your address contained in your Member application form or that you have provided to us when you ordered goods or otherwise. Our Privacy Policy explains how you can opt-out of receiving such notices.
GOVERNING LAW AND JURISDICTION
The laws of Victoria, Australia, govern these Terms of Service and the courts of Victoria have non-exclusive jurisdiction to hear any matters arising out of or in connection with these Terms of Service.
