Terms and Conditions
Use of our website is subject to terms and conditions.These terms and conditions regulate our relationship with you, both when you browse, or otherwise access our website; and when you purchase products from us. By continuing to use Our Website in any way, or by buying from us, you agree that you have read and understood, and agree to be bound by these terms and conditions.
It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
We are: Logan Wines Pty Ltd
A.B.N. 14 077 392 995
Our address is: 1320 Castlereagh Highway, Apple Tree Flat, Mudgee, NSW, 2850 Australia
Our Phone number is: +61 2 6373 1333
You are: A visitor to our website / our customer
The terms and conditions
1. Definitions In this agreement:
"Carrier" means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
"Consumer" means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
"Our Website" means the entire computing hardware and software installation that is or supports this website.
"Goods" means any of the Goods we offer for sale on our Website.
"Content" means any material in any form published on Our Website by us or any third party with our consent.
"Material" means Content of any sort posted by you on Our Website
"Logan", "we", "our", or "us" means Logan Wines Pty Ltd "you", "your", "User", or "Customer" means you, the user and/or customer.
2. Our contract with you
2.1 By accessing Our Website, using the services offered on Our Website, or purchasing goods from us, you confirm that you have read, understand, accept and agree to these terms and conditions. The terms and conditions form a binding agreement between you and Logan for the provision of access to Our Website, the services available from the website and the purchase of goods from Logan. If you disagree with any of the terms and conditions, you must stop using the website and navigate away from it.
2.2 We may change these terms from time to time.
2.3 Any changes to the terms and conditions will be displayed on Our Website under the heading 'Terms and Conditions', and will be highlighted in bold for a period of 7 days following the changes being made. You must stop using Our Website if you do not agree to any change in our terms and conditions. You are deemed to accept the changes if you continue to use the Website after the changes have been made available on Our Website.
2.4 It is your responsibility to check the terms and conditions for changes when you use Our Website. We do not have any responsibility to inform you of changes beyond the requirements in clause 2.3.
3. Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself when interacting with us via Our Website. We need this information to provide you with continued access to Our Website, and when we sell you Goods.
3.2 We reserve the right to refuse you access to Our Website at any time for any reason whatsoever. We do not have to provide you with reasons for terminating your access to Our Website.
4. Availability of the Goods, and confirmation of orders
4.1 Whilst we make every effort to ensure the accuracy of our website, orders will not be finalised until you receive an e-mail from us confirming your order. We have no obligation to supply Goods to you until we have provided you with order confirmation.
4.2 We cannot guarantee that Goods advertised on our website are available at the time you place your order.4.3 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:4.3.1 accept the alternatives we offer; or
4.3.2 cancel all or part of your order.
4.4 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
5. Price and Payment
5.1 All prices are in Australian Dollars.
5.2 We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price. We are not obligated in any way to sell any Good to you at an incorrect price that was displayed on our website in error.
5.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
5.4 All prices include Australian Goods and Services Tax (GST).
6.1 Deliveries can only be made to an Australian Address.
6.2 Deliveries will be made by TNT or another carrier instructed by us to deliver to the address stipulated in your order. If Goods are to be left at an address with no person present to sign for the delivery, please ensure you instruct us of a safe and secure area for the Goods to be left. We take no responsibility for wine once it has been delivered under authority to leave. The delivery must be addressed to the adult who placed the order (including their name in the instructions) or to that of another adult who is accepting the order on behalf of the person placing the order.
6.3 We are unable to deliver Goods to certain areas in which the supply of alcohol is restricted or prohibited by law or regulation. You agree that you will not order Goods from, or to be delivered to, an area in which such a restriction is in place, and agree to indemnify us from any loss or liability arising from an order for delivery to a restricted location.
6.4 If we are not able to deliver your Goods within 20 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and will give you the option of cancelling your order.
6.5 We may deliver the Goods in installments if they are not all available at the same time for delivery.
6.6 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us. Or until they are left by our carrier under authority to leave, for which appropriate confirmation can be provided by the carrier.
7. Cancellation of order
7.1 You may cancel your order at any time before we dispatch your order.
7.2 If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
7.3 We will endeavour to refund any money owed to you due to you cancelling an order within 14 days of us receiving notice of your cancellation.
8. Goods returned
8.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
8.1.1 exactly what is the fault;
8.1.2 the date, if relevant, when the fault became apparent;
8.1.3 when and how you discovered the fault;
8.1.4 how the fault affected your use of the Goods;
8.2 To allow us to assess the fault, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:
8.3 You must tell us by email message to firstname.lastname@example.org or by letter to our land address at the top of this agreement, that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
8.4 The Goods must be returned to us as soon as any defect is discovered.
8.5 So far as possible, Goods should be returned:
8.5.1 with both goods and all packaging as far as possible in their original condition;
8.5.2 securely wrapped;
8.5.3 at your risk and cost.
8.6 On receiving the Goods, we will assess them, and determine if there is a fault. If we deem that there is a fault, we may, at our absolute discretion, provide you with a refund, replacement Goods, or other remedy of our choosing.
9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice. We do not make any guarantee regarding your ability to access Our Website, which may from time to time not be accessible.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
9.3 To the greatest extent permissible by law, We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Goods for your particular needs or purposes;
9.3.2 the truth of any Content on Our Website published by someone other than us;
9.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
9.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
9.6 In any event, including the event that any term or condition or obligation on our part (\"Implied Term\") is implied into these conditions by law then our liability is limited (at our election), to the maximum extent permitted by law, to the value of the goods or services you have purchased, or the resupply of those goods or services.
10. Content and Intellectual Property Rights
10.1 The content and design of Our Website, and the typeface, imagery and logos used to depict the Goods on our Website form part of our intellectual property. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title and ownership rights shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
10.3 Unless specifically authorised by Us, or otherwise allowed by the laws of Australia, You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
11. Your email address
11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
12. System Security
12.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to:
12.2.1 use Our Website for any purpose other than those permitted by Us;
12.2.2 use the Website for any illegal, unlawful, improper or infringing purpose (including the supply of alcohol to minors, or into areas in which the supply of alcohol is restricted or prohibited);
12.2.3 use spiders, data scrapers, viruses or other software which may threaten the integrity and security of Our Website;
12.2.4 upload, transmit, post or share any virus or similar computer code or software that may cause damage to, or violate the privacy of Our data or the data of our customers;
12.2.5 make requests of Our Website at an unreasonable frequency that we determine compromises our ability to provide Our Website to other customers;
12.2.6 attempt to copy, reverse engineer or otherwise utilise Our Website.
12.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12.4 You agree to use Our Website in accordance with any and all applicable laws and regulations relating to your use of the internet in the state or territory in which you live, and of this agreement.
To the greatest extent permissible by law, you agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14. Miscellaneous provisions
14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
14.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision or part thereof shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees, and restrictions imposed by law or regulation anywhere in Australia.
14.8 This Agreement and any transactions governed by it will be governed by and construed in accordance with the law of New South Wales. You submit to the exclusive jurisdiction of courts in New South Wales.
14.9 This agreement records the entire agreement between the parties as to its subject matter. It supersedes any prior understandings or agreements between the parties in connection with it.
14.10 You may not assign, delegate or novate this agreement to any other person or body corporate without our written authority.
14.11 We retain the right to assign, delegate or novate this agreement without notice.