TERMS AND CONDITIONS – McPherson Wines Pty Ltd

Terms of Sale

By entering your details to make a purchase, you are offering to make a contract to purchase goods from McPherson Wines, ABN  44 061 030 126. If McPherson Wines 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, 6 Expo Court, Mount Waverley, VIC, 3149, from where the goods will be dispatched under our Liquor Licence no. 36139386.

Persons under 18 years of age are not permitted to place orders for alcohol and McPherson Wines supports the responsible service of alcohol.

Nature of the Contract
You are able to use the McPherson Wines website (or email, telephone, fax or other method) to place an order for goods. The contract between you and McPherson Wines for the supply of those goods (“the Contract”) only comes into existence when McPherson Wines accepts your order.

McPherson Wines will notify you of acceptance and 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 the management of McPherson Wines.

Special Offers
McPherson Wines may provide Special Offers in relation to our products and services from time to time.

At any time, McPherson Wines may terminate any Special Offer without advance notice.

If terminated, a Special Offer will continue to apply to products or services ordered by you in accordance with these Terms before the date the special offer was terminated.

All specials, promotions, clearances, offers and discounted items advertised on the McPherson Wines website are available only while stocks last unless otherwise advertised.

Product Availability
All wine is offered for sale subject to available stock. If a product is out of stock, McPherson Wines will contact you to offer a substitute wine of at least equal quality. If you do not accept a substitute wine and your credit card has been charged for wine that is out of stock, McPherson Wines will cancel your order and issue a credit to your credit card account in the amount charged.

Breakages
If you receive a case of wine with one or more broken bottles, McPherson Wines will issue you a refund in the amount paid for the broken bottles or send replacement bottles if available.

McPherson Wines may ask you to provide proof of the damage, as a condition of refund or replacement.

Quality Guarantee
If you are not completely satisfied with the wines you purchase, they will be replaced or refunded to their full value.

McPherson Wines may ask you to return the wines (at McPherson Wines cost) for evaluation, as a condition of refund or replacement.

Price
McPherson Wines’ prices are subject to variation – the price payable for the goods is the price applicable on the date when McPherson Wines confirms your order.

The quoted price includes GST, but does not include the delivery fee (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the applicable delivery fee.

Prices stated are in Australian dollars.

Payment
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will not commence until payment has been processed/validated. McPherson Wines accept payment by Visa, MasterCard, American Express and Diners Club. Credit card details are processed using SSL encryption and are not stored by McPherson Wines.

Availability
Restrictions on the carriage or possession of alcohol are in place in some regions of Australia.

If you live in an area which is the subject of such restrictions, it is your responsibility to be aware of the extent of such restrictions and the legal implications of these restrictions prior to proceeding with your alcohol purchase from McPherson Wines.  McPherson Wines is not liable for any confiscation of alcohol and / or financial or other penalties arising from the breach of such restrictions caused by the attempted delivery by McPherson Wines of your order.

Your Password
You are responsible to maintain the confidentiality of your password. You are also responsible for, and indemnify McPherson Wines in relation to, any and all activities that occur using your password, including in relation to your personal information. You must immediately notify McPherson Wines of any unauthorised use of your logon or password or any other breach of security of which you become aware.

Notices
McPherson Wines may give notice to you by electronic mail or by regular mail, including but not restricted to bi-monthly Newsletters, to your address contained in the registration or other information provided by you.

Privacy
McPherson Wines is committed to protecting the privacy of individuals’ personal information as detailed under Privacy Policy

Terms of Use
Copyright in all materials appearing on this website is, except where noted to the contrary, the property of McPherson Wines and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, or for any purpose expressly permitted by McPherson.

McPherson 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.McPherson   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 McPherson remains with you.
You also waive any and all claims that you may have against McPherson otherwise arising out of or in relation to your use of this website.
By supplying McPherson Wines ith information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold McPherson Wines responsible for any breach of security unless McPherson Wines 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 McPherson Wines and you, if such exclusion, restriction or modification would be void or prohibited by the legislation. To the extent that McPherson Wines breaches any condition or warranty implied into the arrangement between McPherson Wines nd you and which cannot be excluded or modified, McPherson Wines’ liability is limited to, at McPherson 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, McPherson Wines is not liable to you (or to any third party claiming through you) for, and you release McPherson 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 McPherson Wines, its employees or agent, and whether based on negligence or other tort, contract or otherwise.

Amendments
McPherson Wines may add to, delete, or otherwise change any of the terms of this Contract. McPherson Wines ill notify you of any substantial changes to these terms & conditions. Your use of the McPherson Wines service after notice will constitute your deemed acceptance of such changes.

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.

WARNING – VIC 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).

 

Terms & Conditions – Queensland Deposit Scheme
Expanding the container refund scheme | Environment, land and water | Queensland Government (www.qld.gov.au)

 

Terms & Conditions – “Mothers Day ” Promotion

The following Terms & Conditions includes information on how to enter and the prize/s. Participation in this promotion is deemed as acceptance of these Terms and Conditions.

  1. The promoter is McPherson Wines Pty Ltd (ABN 44 061 030 126) of 6 Expo Court, Mt. Waverley VIC 3149 (Promoter).
  2. Entry is open to any individual in Australia (Eligible Person) over 18 years of age (Eligible Person).
  3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, step-parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
  4. The promotion commences on 12th of April, 2024 at 12.30PM AEDST and concludes on 6th of May, 2024 at 11.59PM AEDST (Promotional Period).
  5. How to Enter: Purchase 6 or 12 bottles from our McPherson Wines range.
  6. No entry fee is charged by the Promotor to enter the Promotion.
  7. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion.
  8. If there is a dispute as to the identity of an Eligible Person, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Person.
  9. Entries Permitted: No limit.
  10. This is a game of chance. The major prize of an Endota Spa Gift card valued at $200 and 5 bonus prizes of McPherson Family Alexandra Chardonnay Pinot Noir and Endota carry bag will be drawn by random selection at Head Office 6 Expo Court, Mount Waverley, VIC, 3149 on the 7th of May, 2024 at 12.00PM AEDST

11. Price Description: One Major prize of Endota Gift card valued at $200 and Five McPherson Wines Bonus Packs valued at $50.00 each excluding freight.

  1. The total prize pool value is: $450.00 comprising of 6 individual Winners.. Prizes consist of One Major prize of Endota Gift card valued at $200 and Five McPherson Wines Bonus Packs of an Alexandra Chardonnay Pinot Noir wine bottle and a Ltd Edition Endota Carry bag. The Winners will be contacted via phone or email on the 7th of May, 2024.
  2. Prizes are not transferable or exchangeable and cannot be taken as cash.
  3. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
  4. If any prize (or part of any prize) becomes unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
  5. The winning entries will be contacted via phone or email on the 7th of May, 2024. (Winners). The Promoter’s decision is final, and no correspondence will be entered into.
  6. All reasonable attempts will be made to contact the winners. Should there be any Winners that cannot be contacted, after three (3) business days, a runner-up entrant will be selected on the following Wednesday. This winning entry will be directly contacted by phone or email.
  7. Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at www.rhinorack.com/en-au/privacy-policy. The Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.