Nature of the Contract.
You are able to use the Campbells Wines website (or email, telephone, fax or other method) to place an order for goods.
The contract between you and Campbells Wines for the supply of those goods (“the Contract”) only comes into existence when Campbells Wines accepts your order. Campbells 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 Campbells Wines.
Delivery
Campbells Wines will not be obliged to continue to deliver goods to you if your delivery address is not in an area to which Campbells Wines’ carrier delivers goods.
The goods will not be delivered to persons under the age of eighteen (18) years. Campbells Wines may request that the person who receives the goods provides satisfactory evidence of proof of age. Campbells 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 the wine will be taken to the nearest Post Office, from where it can be collected during business hours, unless you give us special instructions otherwise. If you give instructions for Australia Post to leave the wine somewhere when the premises are unattended, neither we nor Australia Post will be liable for its loss or damage.
Campbells 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 Campbells Wines to be authorised to receive the goods.
While Campbells 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
Cellar Club member pricing is available only to current Cellar Club members.
Campbells Wines’ prices are subject to variation – the price payable for the goods is the price applicable on the date when Campbells 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.
Payment
You must pay for the goods before we will despatch your order. You may use your credit card (MasterCard, Visa, American Express, Diners). Cellar Club members must provide current credit card details to allow payment to be processed for their regular Cellar Club Packs, and authorise Campbells to keep these details on file to pay for future purchases. Members can elect for Campbells Wines to use these credit card details on file to pay for additional purchases online. Non Cellar Club members’ credit card details are passed through the securepayment gateway and processed immediately, and are not retained on file.
Cellar Club
Signing up for the Cellar 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 – which will be advised in the Quarterly Cellar Club News sent to all members a month or so prior to delivery of each quarterly pack.
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 Campbells 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 unauthorised 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 Quarterly Cellar Club News 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 Cellar Club application form to send your regular Cellar 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 Campbells 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 Campbells Wines.
Campbells 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. Campbells 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 Campbells Wines remains with you. Campbells Wines is not responsible for the content of any site which links to or from the Campbells Wines website.
You also waive any and all claims that you may have against Campbells Wines otherwise arising out of or in relation to your use of this website.
We endeavour 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 Campbells Wines responsible for any breach of security unless we have been negligent or in wilful 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 Campbells Wines and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.
To the extent that Campbells Wines breaches any condition or warranty implied into the arrangement between Campbells Wines and you and which cannot be excluded or modified, Campbells Wines’ liability is limited to, at Campbells 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, Campbells Wines is not liable to you (or to any third party claiming through you) for, and you release Campbells 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 Campbells Wines, its employees or agents, and whether based on negligence or other tort, contract or otherwise.
Amendments
Campbells Wines may add to, delete, or otherwise change any of the terms of this Contract. Your subsequent use of the Campbells 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 Campbells Wines website will be strictly in accordance with our Privacy Policy.
Notices
Campbells 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 Campbells Wines website are available only while stocks last unless otherwise advertised.
Termination
Campbells 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).
Victorian Liquor Licence (Vigneron’s) No. 32400125.
