TERMS & CONDITIONS
Victorian Liquor License 36127208
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 $17,000)
For a person under the age of 18 years to purchase or receive liquor. (Penalty exceeds $700)"
Buller Wines (Buller Wines Pty Ltd & TFB Wine Investments ATF the TFB Wine investments unit trust)- ABN 86 298 501 476) is committed to protecting any personal information we collect. We will always comply fully with the National Privacy Principles set out in the Privacy Act 1988 (the Act), as they apply to us. We will only collect, use or disclose personal information in accordance with the Act and this privacy policy.
This privacy policy covers all “personal information” we hold – that is, information about an individual, whose identity is apparent, or can be reasonably ascertained, from that information or opinion.
CONTACT
If you have any questions about this privacy policy, or the content or practices of our website, you can contact us on:
Phone 02 60329660
Or email: cellardoor@bullerwines.com.au
Or write to: The Manager, Buller Wines
PO Box 28 Rutherglen, Victoria 3685
COLLECTION
We will only collect information that is necessary for one or more of our functions or activities.
When you place an order with us, or join our Wine Clubs, we will ask you for the following personal information:
your name, email, mailing address, delivery address and any special delivery instructions, phone number.
This information is provided to our delivery agents so we can send to you your order. We collect date of birth details to verify that you are over 18 years. We may also need to provide your details to data maintenance providers and call centres.
USE
From time to time, we advise all or some of our customers of forthcoming offers and special events and promotions. If you do not wish to receive these offers:
click the unsubscribe link in your next email
or call us on Phone 02 60329660
If we send offers by mail, we may provide your name and postal details to a mailing house. No other information is passed on. The parties using these details are obliged to delete all records immediately after use.
We may employ researchers or consultants to study various aspects of our business. It is possible that our consultants may employ database-profiling tools – again aimed at improving service and offers for your benefit. This data will usually be provided in an aggregated form, and not as individual entries.
When you submit feedback or questions via email, or contact us for information about our website, we will request your name and contact details. We use this information solely to respond to your enquiries, or to confirm you are a member of our Wine Clubs.
We do not rent, sell or share any personal information with any third party without your permission, except as set out in these Conditions.
Personal information will be managed confidentially and securely and destroyed appropriately when no longer required.
PROMOTIONS
When we conduct promotions, we will ask for contestants’ name, address, and email details so we can administer the contest and notify winners, and we usually publish winners’ details, and add contestant names to our marketing database.
ACCESS TO RECORDS
You can request not to receive a particular type of communication from us, or you can withdraw from our Wine Club altogether at any time (subject to the notification dates for our mailing packs). Please use the contact information above if you wish to do this.
We are also happy to provide you with details of all your personal records at your request. There are certain exemptions that may apply to the provision of that information. We may charge an administration fee for granting access to information.
To contact us regarding your personal information, please use one of the methods above. We will ask you to confirm your identity before providing your information.
WEBSITE SECURITY
All communications through our website occur in a secure environment using the latest technology, which we aim to keep up to date in order to safeguard your personal information.
We use ‘cookies’ (a small amount of information sent from our server to your computer) to enhance the performance of the website. These are mostly ‘session-based’, and do not stay on your computer permanently, although they can be used to retrieve certain information you previously provided to us, so that you do not need to re-enter this information every time you use our website.
We track our customers movement around the website for our own website research and improvement purposes only. No other personal details are collected from this research. This is not used to create customer profiles.
OTHER WEBSITES
By entering your details to make a purchase, you are offering to make a contract to purchase goods from us (Buller Wines Pty Ltd & TFB Wine Investments ATF the TFB Wine investments unit trust, of 2804 Federation Way Rutherglen Victoria 3685). If we accept your offer, the goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.
The contract is made at our licensed premises, of 2804 Federation Way Rutherglen Victoria 3685, from where the goods will be dispatched under our Victorian liquor license no. 32600872
MINIMUM AGE AND LEGAL CAPACITY
Purchasing products or services on this website is restricted to individuals 18 years of age or older.
Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
NATURE OF THE CONTRACT
You are able to use the Buller Wines website (or email, telephone, fax or other method) to place an order for goods.
The contract between you and Buller Wines for the supply of those goods (“the Contract”) only comes into existence when Buller Wines accepts your order. Buller Wines will notify you of acceptance. No obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract. Orders cannot be cancelled once accepted, unless by arrangement with Buller Wines.
DELIVERY
Buller Wines will not be obliged to continue to deliver goods to you if your delivery address is not in an area to which Buller Wines’ carrier delivers goods.
The goods will not be delivered to persons under the age of eighteen (18) years. Buller Wines may request that the person who receives the goods provides satisfactory evidence of proof of age. Buller 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 delivery address to receive the wine, a card will be left for you, and a contact address and number will be provided , from where it can be collected during business hours, unless you give us special instructions otherwise. If you give instructions for our delivery agent to leave the wine somewhere when the premises are unattended, neither we nor our agent will be liable for its loss or damage.
Buller Wines is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:
(a) to the adult person who placed the order, or
(b) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or
(c) if delivery takes place on a day following the placing of an order, in accordance with the customer's instructions but always to a person over the age of 18 years.
Anyone at the nominated delivery address who receives the goods will be presumed by Buller Wines to be authorised to receive the goods.
While Buller Wines will use all reasonable endeavours to deliver by any requested or agreed date, it does not guarantee delivery on that date and is not liable for any Loss resulting from late delivery.
RISK AND TITLE
Risk and title in the goods passes to you upon delivery of the goods to the nominated delivery address.
PRICE
Wine Club member pricing is available only to current Wine Club members.
Buller Wines’ prices are subject to variation – the price payable for the goods is the price applicable on the date when Buller Wines confirms your order. We are not bound to supply at the prices displayed on the website where there are errors or omissions in such pricing.
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 on the price list and / or online. Exemptions to freight or handling fees are included in any special offers we may make only.
PAYMENT
You must pay for the goods before we will despatch your order. You may use your credit card (MasterCard, Visa, American Express, Diners). Wine Club members must provide current credit card details to allow payment to be processed for their regular Wine Club Packs, and authorize Buller to keep these details on file to pay for future purchases. Members can elect for Buller Wines to use these 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 and processed immediately, and are not retained on file.
CURRENCY
All prices quoted are in Australian Dollars ($ Aus)
TAXATION
All prices quoted include all relevant Australian Taxes including GST.
INTERNATIONAL PURCHASES
We are unable to deliver outside Australia. If you are seeking to purchase from outside Australia please email us cellardoor@bullerwines.com.au and we will do our best to assist.
RETURNS POLICY
In the case of purchase of a physical product from this website which satisfies one or more of the following cases we will gladly arrange a refund or exchange of the product:
The product proves faulty within 14 days of receiving the product and/or date of invoice
The product does not match its description as provided when sold
The product received is not the product ordered
The product has been damaged in transit
Please contact us immediately if any of the above occurs to arrange a return. Products returned without prior notice will be rejected.
Please ensure that returned products are safely packed in their original packaging. We will not be held liable for damage to products incurred during return shipping.
Refunds will be issued to the extent required by the Trade Practices Act 1974 (Cwth) and Sale of Goods Act 1958 (Vic). No part of these terms of use is to be taken as an express or implied repudiation of our obligations under these pieces of legislation.
WINE CLUB (CALLIOPE AND 1921 CLUB)
Signing up for one of our wine clubs Club is a commitment to purchase the selected pack(s) at the nominated frequency (i.e. quarterly or twice per year). 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. Notification of the wine packs will be forwarded in our newsletter.
When you register online, 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. You are also responsible for, and indemnify Buller Wines in relation to, any and all activities that occur using your password, including in relation to your personal information. You must immediately notify us of any unauthorized use of your password or any other breach of security of which you become aware.
Members may skip or cancel their regular deliveries during the time from publication of the newsletter advising the contents and price of the next pack, until the cut-off date specified in the newsletter.
Where we allow members to change the make-up of a regular delivery, this will also change the pricing, according to the new selection made by members. Changes may only be made to the next scheduled delivery, not to subsequent deliveries, and may only substitute for currently-available wines.
We will use the information you give us on your Wine Club application form to send your 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.
WEBSITE CONTENT
Copyright in all materials appearing on this website is, except where noted to the contrary, the property of Buller Wines and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws or for any purpose expressly permitted by Buller Wines.
Buller Wines does not represent 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. Buller 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 installation, downloading, use or performance of Buller Wines remains with you. Buller Wines is not responsible for the content of any site which links to or from the Buller Wines website.
You also waive any and all claims that you may have against Buller Wines otherwise arising out of or in relation to your use of this website.
We endeavor to take all reasonable steps to protect your personal data, but cannot guarantee the security of any data you disclose online. By supplying us with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold Buller Wines responsible for any breach of security unless we have been negligent or in willful default of our duties to you.
LIMITATION OF LIABILITY
Nothing in this Contract is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between Buller Wines and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.
To the extent that Buller Wines breaches any condition or warranty implied into the arrangement between Buller Wines and you and which cannot be excluded or modified, Buller Wines’ liability is limited to, at Buller Wines’ 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; and in the case of services, to: (i) supply of the services again; or (ii) payment of the cost of having the services supplied again.
Subject to the foregoing, Buller Wines is not liable to you (or to any third party claiming through you) for, and you release Buller Wines from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property (“Loss”) caused by any act or omission of Buller Wines, its employees or agents, and whether based on negligence or other tort, contract or otherwise.
AMENDMENTS
Buller Wines may add to, delete, or otherwise change any of the terms of this Contract. Your subsequent use of the Buller Wines service after such changes have been posted to the website will constitute your deemed acceptance of such changes.
CONFIDENTIALITY
Any use or disclosure of information regarding users of the Buller Wines website will be strictly in accordance with our Privacy Policy.
NOTICES
Buller Wines may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.
PROMOTIONS & CLEARANCES
All specials, promotions, clearances, offers and discounted items advertised on the Buller Wines website are available only while stocks last unless otherwise advertised.
TERMINATION
Buller Wines reserves the right to terminate a Contract at any time by notice to you. Termination is effective on the day notice is received or such later date as specified in the notice.
MISCELLANEOUS
If any provision of these Terms & Conditions is unenforceable or void either in whole or in part for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of this document.
The laws of Victoria govern this Contract.
NOTICE
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 $6,000), and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).
