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Terms and Conditions of Website

 

WS Rohrlach Investments P/L trading as PURSUIT OF CHAMPAGNE
(ABN 44 859 521 738)

Terms of Use and Supply

 

1. Welcome

  1. Welcome to the Pursuit of Champagne website https://pursuitofchampagne.com/ (Site).
  2. These Terms apply to our Site and any Order you place on this Site. By accessing and using this Site and by placing Orders you will be deemed to have accepted these Terms.
  3. If you do not agree with any of these Terms, please leave this Site and do not place any Orders.

 

2. Privacy

  1. We maintain a strong privacy policy relating to all information that you provide through this Site and we will take all reasonable steps to prevent any data being inappropriately released or misused. Please click here to view our Privacy Policy for further information. By proceeding to use our Website you are deemed to have read and accepted our Privacy Policy.

 

3. Placing an Order

  1. You may place an Order by:
    1. selecting one or more Products using this Site;
    2. completing any relevant details required by this Site including details of the Delivery Address; and
    3. paying the Product Price, Delivery Fee and any other fees we notify you of prior to you submitting your Order in accordance with these Terms or paying the Deposit with respect to Pre-orders.
  2. We may request you to confirm details of your Order for the purpose of processing your Order. If you delay responding to our request for information there may be a delay in the delivery of your Order. We accept no Liability for delayed deliveries and you release us from any claims whatsoever including for loss, costs, damage or consequential loss incurred as result of the delay whether or not foreseeabl
  3. You must ensure that any details required by this Site to process your Order are current, complete and accurate. If such details change you must notify us immediately and we will use best efforts to accommodate any change but always subject to our absolute discretion. You release us from any Liability whatsoever including for loss, costs, damage or consequential loss incurred as result of out of date, incomplete or inaccurate details you provide us.
  4. Where there is a limit or condition on the volume of liquor Products that may be purchased by a single person, you agree to abide by the same and agree not to make multiple Orders for the purpose of exceeding such limits or conditions.
  5. You must only use this Site to order Products for your own use and must not order Products for resale or trade purposes and you must not order commercial quantities. Where we suspect you are breaching this condition, we may (in our absolute discretion) cancel your Orders and your account.
  6. If you are a Northern Territory resident or ordering this for delivery to the Northern Territory the listing of a liquor Product on our site does not constitute an offer to sell that liquor Product to you. Prior to any offer or acceptance, additional price checks will be completed and the price of the liquor Product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation. This may change the final price calculation for your Order.

 

4. Contract

  1. A contract between us is formedonly once we have accepted your Order.
  2. We reserve the right to accept or reject your Order for any reason.
  3. If we accept your Order, we agree to supply the Products specified in your Order in accordance with these Terms.
  4. We may reject your Order for any reason including because your Delivery Address is not within our Approved Delivery Locations. If we reject your Order we will notify you of such rejection as soon as possible after you submit your Order. If your credit card has been charged and we subsequently reject your Order, we will credit your credit card the amount charged.

 

5. Restricted Products

  1. You agree to provide us with all necessary information when ordering or upon Delivery of your Order, to allow us to comply with the Liquor Licensing Act. Such information includes but is not limited to your date of birth.
  2. You acknowledge that all liquor Products that we accept Orders for are accepted, processed, and distributed by us from South Australia pursuant to the Liquor Licence.
  3. You:
    1. acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol on behalf of, a person under the age of 18 years; and
    2. warrant that you are over 18 years of age and are not obtaining alcohol (including liquor Products that are the subject of an Order) on behalf of a person under the age of 18 years.

 

6.  Payment

    1. In consideration of the Products, you agree to pay us the Product Price and any other fees we notify you of prior to you submitting your Order. You must pay by using one of the payment methods specified on the Site when placing your Order or by such other method as we may agree in writing.
    2. In consideration for delivery of the Products you agree to pay us any applicable Delivery Fee unless we agree otherwise.
    3. Where applicable, amounts payable under these Terms are GST inclusive.
    4. We will provide you with a tax invoice at the time you submit your Order. Subject to our rights in these Terms, we will provide you with an amended tax invoice at the time we deliver your Order which will specify (among other things) any out of stock Products including details of any refund made to your credit card. 

7.  Delivery of Products

  1. We will deliver the Products in your Order at the Delivery Address and will use reasonable endeavours to deliver such Products by the Delivery Date.
  2. You acknowledge that;
    1. any person at the Delivery Address who receives the Products is authorised by you to receive your Order, must be over the age of 18 years old, may be required to provide proof of identity and age (such as a driver’s license or proof of age card) and must sign a declaration confirming their name and that they are over 18 years of age;
    2. if the recipient looks under 25 (at our discretion), the recipient must provide proof of ID (including photographic identification and date of birth) and the name and date of birth of the recipient will be recorded
  3. We will not deliver to a person who:
    1. is below the age of 18 years old;
    2. appears to be under the influence of alcohol or drugs;
    3. is abusive; or
    4. refuses to provide proof of identification or to sign a declaration confirming their name and that they are over 18 years of age.
  4. You acknowledge that the Delivery Date is an estimate only but we will use all reasonable efforts to meet the same. We will have no Liability to you whatsoever for loss, cost, damage or consequential loss where we fail to supply the Products by the Delivery Date.
  5. We may use a third party delivery company to deliver your Order in which case the relevant terms and conditions of such third party delivery company will apply to such delivery.
  6. We will only deliver Products to you if your Delivery Address is within the Approved Delivery Locations.
  7. If it appears to us that no person is in attendance at the Delivery Address to accept your Order or delivery of your Order is refused, your Order may be stored and if so you shall pay or indemnify us for all costs and expenses incurred as a result of such storage and any re-attempted delivery.
  8. Information collected and recorded under clause 2.1 will be held for a minimum of 12 months. These are requirements of the Liquor Licensing Act and if the recipient is unable to comply, we will not be able to complete the delivery.
  1.   

8. Failed Delivery

  1. We may refuse to deliver your Order if:
    1. there is no one at the Delivery Address to accept the Order or the recipient of the Delivery does not satisfy the requires for Delivery as set out in clause 7;
    2. subject to clauses 1.4 and 6.4, full payment for your Order has not been received prior to the time we deliver your Order; or
    3. any other reason we determine from time to time in our absolute discretion.
  2. If we refuse to deliver your Order in accordance with clause 1 we will use best efforts to contact you to:
    1. re-arrange delivery of your Order in which case we may charge an additional Delivery Fee; or
    2. inform you that your Order has been cancelled by us in which case we will refund the Product Price less the Delivery Fee but we may in our absolute discretion charge you the Cancellation Fee which we may set-off against any refund we provide.

 

9. Out of Stock Products

  1. From time to time, some of our liquor Products may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If a liquor Product in your Order is out of stock we will contact you to inform you of the same and upon us doing so
    1. you may choose a substitute liquor Product in which case you must pay the difference in Product Price or we will refund you the difference if the substitute Product Price is less than the out of stock Product Price by crediting you by way of refund where you have already made payment; or
    2. you may remove the out of stock liquor Product from your Order in which case we will refund you the value of the out of stock liquor Product by crediting you by way of refund where you have already made payment.
  2. If we are unable to contact you about out of stock liquor Products in your Order, we will remove the out of stock liquor Product from your Order in which case we will refund you the value of the out of stock liquor Product by crediting you by way of refund where you have already made payment.

 

10. Cancelling an Order

  1. We may, to the extent permitted by law, even if the Order has been accepted by us and payment has been made, cancel or refuse to accept your Order or any part of your Order at any time for, but not limited to, the following reasons:
    1. if there is an error on our Site such as wrong pricing, wrong descriptions and offers for Products that are not available or are no longer available;
    2. if we are unable to process your payment;
    3. we reasonably suspect fraudulent or unlawful activity; or
    4. we believe that your Order has been placed in breach of these Terms,
  2. If payment has been made and we cancel the whole or part of your Order in accordance with clause 1, we will notify you of the same and the applicable amount charged for the Order will be refunded and the Delivery Fee will also be refunded where the whole Order is cancelled.
  3. If we cancel your Order because we believe that your Order has been placed in breach of these Terms, we may charge you a Cancellation Fee which may be set-off against any refund that is provided
  4. You may cancel an Order under the following conditions:
    1. subject to clause 4.2, after an Order has been submitted we will use best efforts to accommodate any request to amend or vary your Order but we are under no obligation to do so. To amend your Order, please contact us at wendy@pursuitofchampagne.com and quote your tax invoice number;
    2. where you have submitted and we have accepted your Pre-order, you may cancel that Pre-order prior to the balance of the Product Price being paid in which case we will refund you the value of the Deposit you have paid.

 

11. Missing Items

  1. If we fail to deliver a liquor Product that we have charged you for, please contact us on wendy@pursuitofchampagne.com immediately and comply with any of our reasonable direction and requests.
  2. After taking steps to assess your claim and being satisfied with such assessment, we may, at our discretion:
    1. refund the applicable amount charged; or
    2. re-attempt delivery of the relevant liquor Product to you in which case we will not charge you any additional Delivery Fee.
  3. When contacting us to inform us of any missing liquor Products, please have your tax invoice available.

 

12. Title and Risk

  1. Title to the Products passes to you on the later of (i) full payment for the Products; and (ii) delivery of the Products in accordance with these Terms.
  2. Risk in the Products passes to you once we have delivered the same to you in accordance with these Terms.
  3. If these Terms constitute a security interest under the Personal Property Securities Act 2009 (PPSA), then you will do anything reasonably necessary to assist us in registering our security interest in the Products, including, if applicable, as a Purchase Money Security Interest as that term is defined in the PPSA. Where possible, you agree to waive your rights with respect to receipt of any notices under the PPSA including but not limited to receiving a verification statement.

 

13. Australian Consumer Law

  1. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with service we provide, you are entitled:
    1. to cancel your service contract with us; and
    2. to a refund for the unused portion, or to compensation for its reduced value.
  2. You are also entitled to choose a refund or replacement for major failures with goods.
  3. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
  4. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
  5. Without restricting any right or remedy you may have or our Liability to you under the Australian Consumer Law:
    1. you acknowledge that the Site and each Product is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
    2. to the extent permitted by law, no guarantee, conditions, warranty or other terms implied by law apply to any contract between you and us;
    3. we do not make any representation or warranty about the suitability of the Products and the Products;
    4. we exclude to the extent allowed by law all warranties in respect of this Site and any contract between us; and
    5. we have no Liability to you for any indirect or consequential loss or damage in respect of this Site or any Order or Product whether in contract, negligence unless caused by our negligence or wilful misconduct.
  6. Subject to law and any rights you have under the Australian Consumer Law (including as set out above) our Liability for breach of a condition or warranty of supply (including a condition or warranty implied by any law including by the Competition and Consumer Act 2010 (Cth) is limited to:
    1. in the case of goods, (i) the replacement of the goods or the supply of equivalent goods or the repair of the goods, or (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods or of the cost of having the goods repaired; and
    2. in the case of services, the supplying of the services again or the repayment of the fee originally charged for the provision of the services.

 

14. Site

  1. You must:
    1. keep your Site password and login (if provided or created) secure and not allow anyone else to use the same and are liable for any misuse of your login and password;
    2. promptly notify us if you think someone unauthorised is using your login and password;
    3. only use this Site to place Orders and comply with all laws in respect of your use of this Site,

 

15. Termination and Suspension

  1. We may, at our discretion and without any Liability, terminate any contract to supply Products to you in which case our Liability is limited to any amounts paid by you for any undelivered Order including the Delivery Fee less any applicable Cancellation Fee.
  2. At any time we may, without any Liability, cease to accept Orders from the Site.
  3. At anytime, without cause or Liability, we may suspend your use of this Site.

 

16. Intellectual Property

  1. Intellectual property contained on this Site is owned by or licensed to us. We reserve all rights to this Site. You must not use, alter or adapt any intellectual property you obtain from this Site without our prior written consent or the consent of the applicable third party owner.

 

17.  General

  1. Linked Sites are provided for your convenience only. Accordingly, we do not endorse or approve the content or information contained in any Linked Site. You should carefully review the terms of use of any Linked Site you visit.
  2. We may give you notice by email, post, on this Site or by contacting you on the supplied contact details. You may give us notice by contacting us on wendy@pursuitofchampagne.com.
  3. These Terms are not to be interpreted against us merely because they were prepared by us.
  4. We have no Liability for failure to perform our obligations under a contract with you pursuant to these Terms to the extent and for so long as our performance is prevented or delayed because of circumstances outside of our direct control (including labour disputes, obtaining labour, destruction or damage to our premises or a relevant supply site, default or insolvency of any third party, an act of government or governmental authority, terrorism, disruption to the supply of power, gas, internet, water, electronic or telecommunication services, civil disorder, the weather or other natural events) and without fault or negligence by us.
  5. We may amend, revise or change these Terms at any time. Each time you use this Site you are agreeing to the Terms applicable at that time. For your convenience, we provide a link to these Terms at the bottom of every page of this Site.
  6. We may set off any amount we owe you under or in respect of any contract against any or all amounts you owe us under or in respect of any contract formed by these Terms.
  7. You cannot assign or transfer rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in our absolute discretion
  8. These Terms are governed by South Australian law and the parties submit to the non-exclusive jurisdiction of South Australian courts in respect of any disputes arising under or in connection with these Terms.

 

18.  Interpretation

  1. In these Conditions:
    1. Approved Delivery Locations means those approved locations which we will deliver your Order as notified on this Site from time to time.
    2. Cancellation Fee means an amount equal to 15% of the value of the cancelled Order payable by you in the event your Order is cancelled in accordance with these Terms or such other amount we determine fair and reasonable in the circumstances.
    3. Delivery Address means the address for delivery of your Order specified by you at the time you submit your Order.
    4. Delivery Fee means the fee payable to deliver your Order being the amount noted at the time you submit your Order (if any).
    5. Delivery Date means the date for delivery of your Order specified by you at the time you submit your Order and approved by us.
    6. Deposit means the amount notified at the time of placing an Order being a portion of the Product Price.
    7. Faulty means, in respect of a liquor Product that the liquor Product is established to (i) have been damaged at the time of delivery; (ii) not fit for human consumption; (iii) is wrongly described at the time of the Order being submitted; or (iv) is different to the Product ordered.
    8. Liability means any claim, losses, liabilities, costs or expenses of any kind and however arising, including penalties, fines and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
    9. Linked Site means any third party website linked to this Site.
    10. Liquor Licence means Packaged Liquor Sales Licence No. 57711369 as granted pursuant to the Liquor Licensing Act.
    11. Liquor Licensing Act means Liquor Licensing Act 1997 (SA).
    12. Northern Territory Minimum Unit Price Legislation means the minimum sale price of liqour set by the Liquor Act 2019 (NT) and Liquor Regulations 2019 (NT) in the Northern Territory.
    13. Order means a request by you to purchase Products from us using this Site.
    14. Pre-order means a request by you to purchase liquor Products from us using this Site where such liquor Products are not in stock or otherwise not yet available for shipping.
    15. Product Price means the price for the Products noted at the time you submit your Order.
    16. Products mean the liquor products and services (including but not limited to tasting events and experiences) offered for sale on this Site.
    17. Returns and Refunds Policy means the Returns and Refund Policy published on the Site.
    18. Returned Products has the meaning given in clause 2 of the Returns and Refund Policy.
    19. Site has the meaning given in clause 1.
    20. Terms means these Terms and Conditions.
    21. we, our or us means the business conducted by WS Rohrlach Investments Pty Ltd (ACN 656 674 903) as trustee of the WS Rohrlach Investments Trust (ABN 44 859 521 738) trading as Pursuit of Champagne under the Liquor Licence.
    22. you means the person accessing this Site.