TERMS AND CONDITIONS
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).