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1 |
The following are the
Terms and Conditions of trading with Cullen Wines (Australia) Pty
Ltd (us or our) for the supply of each item (Item)
to the Customer (you, your or I). By
placing an order with us you acknowledge that you have read and
understood the Terms and Conditions and agree to be bound by them.
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2 |
Pricing
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2.1 |
All prices are quoted in
Australian Dollars and include Goods and Services Tax (GST).
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2.2 |
Prices are subject to
alteration. We shall endeavour to update the website prices
whenever a change takes place. We shall contact you prior to
accepting the order if there has been a change in price. Where an
Item ordered is not available we may accept the order for the
remaining Items ordered which are available.
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3 |
Payment
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3.1 |
Any order placed through
this website is subject to confirmation and acceptance by us prior
to a purchase being made.
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3.2 |
Payment can be made
using a credit card through this website.
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3.3 |
Customers may use a
printed order form to place orders by phone or fax. Payment for
phone or fax orders can be made by credit card or by posting a bank
cheque, personal cheque, business cheque or money order.
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3.4 |
Orders will not be
dispatched for shipping until the funds have cleared.
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4 |
Delivery of Your Order
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4.1 |
Freight will be charged
in addition to the quoted purchase price at the rates set out in the
schedule of freight charges. We use Australia Post to ship orders
to all locations within Australia.
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4.2 |
Please allow 5-10 days
for shipping within Australia.
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4.3 |
Australia Post will
deliver Items during normal business hours. Alternate delivery
instructions can be given in the customer notes section of the order
form.
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4.4 |
Items are at the
Customers risk once dispatched by us to the shipper and we accept
no liability for the delivery of the Items by the shipper.
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4.5 |
For international
shipping information and rates please contact us at
export@cullenwines.com.au
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5 |
Age restrictions
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5.1 |
Persons under 18 years
of age are not permitted to place orders for liquor.
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5.2 |
It is an offence to
obtain liquor on behalf of a person under the age of 18 years.
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5.3 |
You warrant that You and
the recipient of this order are at least 18 years of age.
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6 |
Disclaimer and
limitation of liability
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6.1 |
These Terms and
Conditions set out the full extent of our obligations and
liabilities in respect of the supply of the Items and there are no
other warranties, conditions or other terms that are binding on us.
Any warranty, condition or other term concerning the Items which
might otherwise be implied into or incorporated by statute, common
law or otherwise (including without limitation any implied term as
to quality or fitness for purpose) is hereby expressly excluded.
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6.2 |
Nothing in clause 6.1
shall exclude, restrict or modify any condition, warranty, right or
liability implied into these Terms and Conditions (including any
condition, warranty, right or liability imposed by the Trade
Practices Act 1974) where to do so is illegal or would render any
provision of these Terms and Conditions void.
For any liability
which cannot lawfully be excluded, but can be limited, our liability
is limited to our choice of replacing or paying the cost of
replacing the Items.
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6.3 |
Nothing in the Terms and
Conditions shall limit or exclude our liability for death or
personal injury caused by our negligence.
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6.4 |
Subject to the above
clauses 8.2 and 8.3, we will not be liable for any loss of income,
loss of profits, loss of contracts, loss of data or for any indirect
or consequential loss or damage of any kind howsoever arising and
whether caused by tort (including negligence), breach of contract or
otherwise.
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7 |
Indemnity
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7.1 |
You agree to indemnify
and keep indemnified, us and our related bodies corporate and their
directors, officers, employees, agents and contractors in respect of
any claim, liability, loss, damage, cost (including legal cost) or
expense which we or our related bodies corporate and their
directors, officers, employees, agents and contractors may suffer or
incur as a direct or indirect result of your wilful or negligent act
or omission with respect to the website (or any part of it) or your
breach of these Terms and Conditions.
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8 |
Website security
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8.1 |
All pages on our website
are hosted on 128-bit shared SSL security and whilst we make all
reasonable endeavours to ensure the integrity and security of the
server, we do not guarantee that the server will be free from
unauthorised use or hacking.
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9 |
Third party links
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9.1 |
We assume no
responsibility and accept no liability for the condition, content or
goods and services available on third party websites which may be
linked to or accessed from the Website.
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10 |
Applicable law
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10.1 |
These Terms and
Conditions are governed by and construed in accordance with the laws
of the State of Western Australia, or where applicable the laws of
the Commonwealth of Australia, and you agree to submit to the
exclusive jurisdiction of the courts of that State or, where
applicable the Courts of the Commonwealth.
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11 |
Variation of Terms and
Conditions
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11.1 |
We may vary these Terms
and Conditions from time to time. Any variations will be posted on
the website. |
