Terms of service
TERMS AND CONDITIONS FOR CASCADES BAY WINES WEBSITE
Effective Date: 16 September 2023
Welcome to the Cascades Bay Wines website. Please take a moment to read our Terms and Conditions carefully before using our website. By accessing and using this website, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use our website or purchase any products.
This website is operated by Cascades Bay Wines. Throughout the site, the terms “we”, “us” and “our” refer to Cascades Bay Wines. Cascades Bay Wines offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features, products or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
GENERAL CONDITION:
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1. USE OF THE WEBSITE
1.1. Age Restriction: This website is intended for users who are 18 years of age or older. By using our website, you confirm that you are of legal drinking age in your country or state.
1.2. Accuracy of Information: We strive to provide accurate and up-to-date information on our website. However, we do not guarantee the accuracy, completeness, or reliability of any content, product descriptions, pricing, or availability. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
1.3. Website Changes: Cascades Bay Wines reserve the right to modify, suspend, or discontinue any aspect of our website, including product offerings and website features, at any time without notice.
1.4. Website Content Ownership: All content on this website, including text, images, logos, and graphics, is the property of Cascades Bay Wines and is protected by applicable intellectual property and copyright laws. All rights are reserved. You may not use, reproduce, or distribute any content without our express written permission.
2. ONLINE SHOPPING
2.1. Confirmation of Age: All purchasers must be aged 18 years or older to order, or accept delivery of, our wine under the Tasmanian Liquor Licensing Act 1990. The Act requires the purchaser to provide their date of birth (unless previously supplied). By proceeding with this transaction, you are confirming to us that you are aged 18 years or older.
2.2. Product Availability: All products listed on our website are subject to availability. We may limit the quantity of products available for purchase.
2.3. Pricing: All prices are quoted in Australian Dollars (AUD) and are inclusive of GST. Prices for our products are subject to change without notice. Pricing is exclusive of other taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services. The prices displayed on our website at the time of purchase will be the applicable prices. While we make every effort to ensure accurate pricing, errors or discrepancies may occur, and we reserve the right to cancel orders affected by pricing errors. We shall not be liable to you or to any third-party for any modification, price change, or cancellation of the order.
2.4 Minimum orders: A minimum of 1 bottle may be ordered online with shipping to be paid by the purchaser. For orders of 6 bottles or more made in the same transaction, the delivery cost will be free.
2.5. Order Confirmation: After placing an order, you will receive an email confirmation with details of your purchase. This email does not constitute acceptance of your order; it is a confirmation that we have received it.
2.6. Cancellation: We reserve the right to cancel any order for any reason, including but not limited to product availability, errors in pricing, suspicious activity, or suspected underage purchases. In such cases, you will be notified, and any payment received will be refunded.
2.7. Payment: We use secure payment processing methods through Shopify. We do not store or have access to your payment information. Payment details are subject to Shopify's terms and conditions. Payment is to be made at the time of transaction, except if paying via Direct Bank Deposit where payment is required to be received prior to delivery or Cash on Delivery is selected for local pick-up orders. Title of goods does not transfer to the purchaser until payment is received.
2.8. Orders and Shipping: We will make every effort to process and ship your order promptly after payment confirmation. Shipping times and fees may vary depending on your location and shipping method. Shipping is calculated at the time of purchase. We send our wine, securely packaged, within Australia via Australia Post which provides you with full online tracking. We do not post to Dry Zones where State Governments have prohibited the sale and delivery of alcohol. Delivery time is generally 4-8 business days to capital cities. Delivery to regions outside capitals and to WA, NT and far north QLD may take up to 10 business days. We currently only post wine orders within Australia. We personally deliver orders to the turrakana/Tasman Peninsula, Sorell, and Hobart suburbs free of charge.
2.9 PRODUCT USE: You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our product, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. WARRANTIES, RETURNS AND REFUNDS
3.1. Product Warranties: Cascades Bay Wines does not offer any warranties or guarantees, express or implied, regarding the quality, fitness for a particular purpose, or merchantability of our products. We strive to provide high-quality wines, but wine is a natural product, and variations may occur. Wine is perishable and needs to be protected from extreme weather conditions. Excessive heat or cold can adversely affect the condition of your wine during shipment. Wet or humid weather can affect wine labelling and packaging. Cascades Bay Wines will not accept responsibility for any wine left exposed to weather conditions or stored inappropriately once delivered. Risk of loss or damage to the goods passes to you upon delivery.
3.2. Returns: If you receive a product that appears to have been damaged during transit, please do not accept the delivery. Ask the deliverer to return it to us as soon as possible and email us to arrange a replacement. We suggest photographic evidence of the damaged or item will also assist. For any items that appear to be defective, please contact us so that we can assess the issue and provide instructions for returning the product if necessary.
3.3. Refunds: Refunds for damaged or defective products will be issued to the original form of payment or as store credit, at our discretion. We do not offer refunds for products that have been opened, consumed, or that have been damaged due to improper storage.
3.4. Return Shipping: If a return is required due to a mistake on our part or product damage, we will cover the cost of return shipping. In other cases, you are responsible for return shipping costs.
4. LIMITATION OF LIABILITY
4.1. Disclaimer: To the fullest extent permitted by law, Cascades Bay Wines disclaims all warranties, express or implied, regarding the website and its use. We shall not be liable for any direct, indirect, consequential, incidental, or punitive damages arising out of your access to or use of the website.
5. PRIVACY AND PERSONAL INFORMATION
5.1. Privacy Policy: Your use of this website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using this website, you consent to our data practices as described in the Privacy Policy.
6. GOVERNING LAW
6.1. Jurisdiction: These Terms and Conditions are governed by and construed in accordance with the laws of Australia and the State of Tasmania, without regard to its conflict of law principles.
7. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
9. CONTACT US
9.1. Questions and Concerns: If you have any questions or concerns about these Terms and Conditions or any other aspect of our website, please contact us.
WARNING
Under the Liquor Licensing Act 1990 it is an offence:
- for liquor to be delivered to a person under the age of 18 years.
Penalty: Fine not exceeding 20 penalty units
- for a person under the age of 18 years to purchase liquor.
Penalty: Fine not exceeding 10 penalty units
Thank you for choosing Cascades Bay Wines. We value your trust and look forward to providing you with exceptional wines and service. Please feel free to reach out to us with any questions or concerns. Cheers! 🍷