Terms & Conditions of the Katnook Estate website, online ordering and social media sites.
SEE BASE OF THIS PAGE AT ** FOR "SHARE THE LOVE" COMPETITION.
By entering your details to make a purchase, or by joining Cellar Club, or by otherwise communicating an order to us, you are offering to make a contract to purchase goods from us, Katnook Estate (a registered trade mark of Wingara Wine Group Pty Ltd, ABN 46 006 350 787, of Riddoch Highway, Coonawarra, SA 5263). If we 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 the licensed premises from where the goods are despatched, under one of our liquor licences, including number 32600589 (VIC) and 50801040 (SA).
Persons under 18 years of age are not permitted to place orders for wine. We only ship to Australian addresses. Katnook Estate supports the responsible service of alcohol and is a member of Drinkwise.
Nature of the Contract.
You are able to use the Katnook Estate website (or email, telephone, fax or other method) to place an order for goods.
The contract between you and Katnook Estate for the supply of goods ordered (“the Contract”) only comes into existence when Katnook Estate accepts your order. Katnook Estate 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 (including regular deliveries to Cellar Club members). Orders cannot be cancelled once accepted, unless by arrangement with Katnook Estate.
Delivery - please also see SHIPPING
Katnook Estate will not be obliged to deliver, or continue to deliver, goods to you if your delivery address is not in an area to which Katnook Estate delivers goods, such as “dry areas” in Western Australia and the Northern Territory.
The goods will not be delivered to persons under the age of eighteen (18) years. Katnook Estate may request that the person who receives the goods provides satisfactory evidence of proof of age. Katnook Estate will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.
Katnook Estate 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 shall be presumed by Katnook Estate to be authorised to receive the goods. Our normal practice, as advised from time to time, will apply if there is no-one at the nominated delivery address, or no-one of appropriate age to receive the delivery.
While Katnook Estate 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.
Returns and Refunds
If at any time you are not satisfied with the quality of the goods you have purchased from us, please call our customer service line on (03) 9682 5000 and one of our representatives will assess your request for a credit or refund of the purchase price. See SHIPPING for more details of when we will and can't consider refunds.
Risk and Title
Risk in the goods passes to you upon despatch of the goods from Katnook Estate, and title in the goods passes to you upon delivery of the goods to the Delivery Address.
Katnook Estate’s prices are subject to variation – the price payable for the goods is the price applicable on the date when Katnook Estate confirms your order, or otherwise as agreed to by Katnook Estate (such as in the Cellar Club terms). Katnook Estate reserves the right to substitute a different vintage to that ordered, at its discretion.
For non Cellar Club members, the quoted price does not include the delivery and handling 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 and handling fee.
You must pay for the goods before we will despatch your order. You may use your credit card (MasterCard, Visa, American Express). Payment by cheque or cash will only be accepted at Katnook Estate’s discretion and cannot be used for Cellar Club membership. Katnook Estate may accept applications for customer accounts, subject to its standard terms and conditions.
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 Katnook Estate and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.
To the extent that Katnook Estate breaches any condition or warranty implied into the arrangement between Katnook Estate and you and which cannot be excluded or modified, Katnook Estate's liability is limited to, at Katnook Estate's 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, Katnook Estate is not liable to you (or to any third party claiming through you) for, and you release Katnook Estate 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 Katnook Estate, its employees or agent, and whether based on negligence or other tort, contract or otherwise.
Katnook Estate may add to, delete, or otherwise change any of the terms of this Contract. Katnook Estate will notify you of any substantial changes to these terms & conditions. Your use of the Katnook Estate service after notice will constitute your deemed acceptance of such changes.
Katnook Estate reserves the right to disclose information regarding users of the Katnook Estate service to third parties, such as to independent researchers to assist us in better understanding and servicing the needs of Cellar Club members, provided that the information will not specifically identify you or any personal information supplied by you.
Katnook Estate may terminate this Contract at any time by delivering notice or by sending you a system message advising that your shopping privileges have been removed. Termination of this Contract shall be effective the day notice is received or such later date as specified in the notice.
Katnook Estate 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, and other offers advertised on the Katnook Estate website are available only while stocks last, unless otherwise advertised.
If you receive or nominate a password or PIN, you are responsible to maintain its confidentiality. You are also responsible for, and indemnify Katnook Estate in relation to, any and all activities that occur using your password or PIN, including in relation to your personal information. You must immediately notify us of any unauthorised use of your logon or password or any other breach of security of which you become aware.
Copyright in all materials appearing on this website is, except where noted to the contrary, the property of Katnook Estate 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 Katnook Estate.
Katnook Estate 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. Katnook Estate 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 Katnook Estate remains with you.
You also waive any and all claims that you may have against Katnook Estate otherwise arising out of or in relation to your use of this website.
Social Media platforms applicable to Katnook and all WIngara WIne Group Brands
Protect yourself - Be privacy and security conscious
Please don't include any personal or sensitive information (such as your birthday, home address, phone number,) in your posts or comments. If you need to send us personal or sensitive information please do so via by sending us your phone number via private message and we’ll call you to discuss.
In case you missed them on our Facebook page, here are our house rules to help keep our page a happy place to be.
Respect and protect others - Avoid infringing others' rights
Before you upload anything to the page – text, images, video or audio – make sure you're allowed to do it. It's your responsibility to ensure that any content you post doesn't infringe the intellectual property, or other rights, of other people or organisations.
If we have concerns that you've infringed others' rights, we may delete any content that has been uploaded or posted. Please also note that we may re-use any material you post – see ‘Other important stuff' below.
Check with your friends. If you're posting images or videos that identify other people, respect their privacy and check that you have their permission.
Know when and why we'll moderate
We don't take decisions on moderating posts lightly but we'll remove any posts that don't adhere to our house rules and block anyone who chooses to break them repeatedly. We'll remove posts containing:
· inaccurate, misleading or inappropriate statements about Wingara Wine Group, its products and its people
· personal or confidential information
· abusive, defamatory, offensive and hateful language
· unlawful information
· trolling or deliberately disruptive discussions
· violations of any intellectual property rights
· suspicious links e.g. phishing
· malicious content
· any mistakes that we make
· posts on Wingara Wine Group's Facebook page by Facebook users do not necessarily reflect the opinions of Wingara Wine Group, nor does Wingara Wine Group confirm their accuracy.
· by using or accessing this page, we understand that you're familiar with and agree to comply with Facebook's Terms and Conditions which grants certain rights to Facebook.
· as this is a public forum and participation is voluntary, by posting on any of Wingara Wine Group's brand wall you grant Wingara Wine Group and its affiliates the right to use any posted content in any way and in any media without any legal or monetary obligation to the author.
· you can ‘unlike’ us at any time if you no longer want to like our Facebook page.
Katnook Estate is committed to maintaining the privacy and confidentiality of personal information. We will adhere to the National Privacy Principles (NPPs) when collecting, using, disclosing, securing and providing access to personal information.
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 Katnook Estate responsible for any breach of security unless we have been negligent or in wilful default of our duties to you.
Individuals have a right to request access to personal information that we hold about them. If you believe that their personal information we hold about you is not accurate, they you may request that we correct it.
Any photos, or other descriptions, of our products on our website are for illustration purposes only, and as such you should check the labels of the specific products for specific health and other disclosures prior to consumption.
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 and South Australia govern this Contract.
WARNING Under the Liquor Control Reform Act 1998 (Vic), 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). Liquor Licence number 32420361 (VIC) and 50801040 (SA)
**Share the Love - ongoing social media competition.
By entering and participating, entrant agrees to the terms and conditions of this competition as follows.
Entrants hold harmless, defend and indemnify Facebook, Twitter or Instagram from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Sweepstake, or (ii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s).
This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Trip Advisor or Instagram.
The promoter is Wingara Wine Group whose registered office is at 166 Albert Road South Melbourne VIC 3205.
The competition is open to residents of Australia, aged 18 years or older except employees of Wingara Wine Group and their immediate family and anyone otherwise connected with the organisation or judging of the competition.
There is no entry fee and no purchase necessary to enter this competition.
By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
Route to entry for the competition and details of how to enter are via /News/Events/Partners/Share-the-Love
with promotion of this route to entry on Instagram, Facebook and Twitter.
Multiple entries are permissable.
The first round includes all posts up to and including October 29th 2016. Thereafter, a winner will be judged every 2 months. Each round of judging will only include the posts for the prior 2 months and not any previous periods.
No responsibility can be accepted for entries not received for whatever reason.
The rules of the competition and how to enter are as follows:
10. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
11. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
12. Each bimonthly prize will consist of 3 bottles of Katnook wine of the promoter's choosing which will be freighted to an Australian street address. The $100 (approx) value includes freight and the retail price of the wine. Katnook is not responsible for is lost, stolen or damaged wine – replacement will not be made.
The prize is as stated and no cash or other alternatives will be offered.The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
13. The winners will be the entry deemed to be the most creative by a panel of judges at the Wingara Wine Group. The first judging will take place at the Wingara office on Monday 31st October 2016 before midday EST and every 2 months thereafter until further notice.
14. The winner will be notified of their win via the channel they entered (where possible) and on this website at /News/Events/Partners/Share-the-Love . Within 5 working days of this announcement, the winner must communicate their contact and delivery details to the promoter so that the prize can be delivered. If the winner cannot be contacted or does not claim the prize within this time frame, the promoter reserves the right to withdraw the prize from the winner.
15. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
16. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
17. The competition and these terms and conditions will be governed by Victorian law (Australia.)
18. The winner agrees to the unconditional use of his/her name and winning entry in any publicity material and Katnook social media/website. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Australian data protection legislation .
19. Entry into the competition will be deemed as acceptance of these terms and conditions.
20. Wingara shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage. Wingara also reserves the right to cancel the competition if circumstances arise outside of its control.