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Terms Of Use


This website is owned and operated by Casella Wines Pty Limited ABN 96 060 745 315 and/or its related companies, including but not limited to; “Peter Lehmann Wines Pty Ltd ACN 059 347 910”, “Brand’s Laira Wines Pty Ltd ACN 007 863 765”, “Morris Wines Pty Ltd ACN 155 587 134” and “CFB Baileys Pty Limited ACN 622 881 225” (“Casella Family Brands”).

As a condition of using our websites (“Website/s”), you agree to comply with and be subject to all of the following terms and conditions (including our Privacy Policy).  In the event that you do not agree to any of the below terms and conditions, please discontinue use of our Websites immediately.

No Representation 
We will endeavour to ensure the accuracy of information displayed on our Websites. However, to the extent permitted by law, no warranty or representation is given as to its quality, accuracy or completeness. It is the responsibility of the user to judge the accuracy of information before relying on it in any way.

We make no warranty or representation as to the suitability of our Websites, any site which is linked by our Websites or our products for any purposes. No content on our Websites or any site that is linked by our Websites constitutes advice and should not be relied upon in making or refraining from making any decision.

Casella Family Brands does not represent that any information (including any file) obtained or downloaded from our Websites or any site that is linked by our Websites is free from computer viruses or other faults and defects. It is the responsibility of the user to carry out any appropriate scans of such files for any viruses, faults or defects.

Limitation of Liability 
We accept no responsibility for any loss, liability, cost, expense or damage of whatever nature arising out of the use of, or inability to use, our products, Websites and any site that is linked by our Websites, or from any error or omission in information contained on our Website, any site that is linked by our Websites or our products.

All conditions, warranties or liabilities with respect to the supply of any services by us, via our Websites imposed or implied whether by law or by statute are expressly excluded and negated, provided that nothing in these terms and conditions shall exclude, restrict or modify any condition, warranty, right or liability which may at any time be implied in these terms and conditions (including any condition, warranty, right or liability implied by the Competition and Consumer Act 2010 or any similar applicable State or Territory legislation) where to do so is illegal and would render any provision of these terms and conditions void.

To the extent permitted by law, Casella Family Brands expressly limits its liability for breach of any condition or warranty implied, be they statutory or otherwise, into any service supplied via our Websites to; the supply of the service again; or the payment of the cost of having the service supplied whichever we may in our absolute discretion select.

Links 
Any links to other websites contained on our Websites have been included for convenience only and we accept no responsibility or liability for the contents of any linked website. The inclusion of any link does not imply endorsement by us of any linked website or its provider. It is the user’s responsibility to make themselves aware of the terms and conditions on which access is granted to linked sites. Users should be aware that some links may be to pages other than a home page.

Copyright 
Unless indicated otherwise, copyright in the content of our Websites, including any Casella Family Brands’ or its related companies trademarks, logos and brands, belong to Casella Family Brands or its related companies. To the extent permitted by law, we reserve all rights in respect to such content. Our Websites, their content or part thereof may not be reproduced, copied, sold, re-sold or otherwise exploited in any form by any process for any purpose that is not expressly permitted by us.

General 
These terms and conditions shall be governed by the laws of NSW and are subject to the exclusive jurisdiction of the Courts of NSW. 

Casella Family Brands’ failure to exercise or enforce any rights or provisions of these terms and conditions shall not constitute a waiver of such right or provision unless agreed to by us in writing. If a provision of these terms and conditions or a right or remedy of a party under these terms and conditions is invalid or unenforceable in a particular jurisdiction; it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction. 

We reserve the right to amend or otherwise alter the information displayed on our Sites at any time, including but not limited to these terms and conditions. Any amendment to these terms and conditions will take effect immediately. Your continued use of our Websites following any amendment to these terms and conditions shall be deemed to be agreement by you to be bound by these terms and conditions, as amended.

Responsible Consumption of Alcohol 
We promote the responsible consumption of alcohol. Alcoholic beverages should only be consumed by persons of legal drinking age. We recommend that our alcoholic beverages be enjoyed responsibly and in moderation.

Wine Clubs

We have a number of wine clubs across all of our Brands which you are welcome to subscribe to.

If you wish to subscribe to any of our wine clubs you agree that:

  1. you must provide us with your name, address, email and phone number;
  2. you must provide us with your credit card details;
  3. you must purchase a minimum number of products per year;
  4. you will receive communications from us about your Orders and certain offers and promotions that may be relevant to you;
  5. you have the option to join a subscription list and engage with promotional campaigns;
  6. you can choose to opt-out/unsubscribe from any of our emails or newsletters; and
  7. you will comply with any terms and conditions specified by our wine clubs in addition to these terms and conditions.

Ordering

When placing an order or subscribing to one of our wine clubs via our Websites or via phone (“Order”), you confirm that all the details you have provided in completing the Order and offer to purchase our alcoholic beverages are correct. It is a condition of purchase that you verify that you are 18 years of age or older. Should you not confirm that you are 18 years of age or older, we will not process your Order.

Any Order placed through our Websites for a Product is an offer by you to purchase the particular product for the price as listed at the time the Order is placed.

You accept that we may contact you by telephone or by email to confirm your payment and information details.

Credit Card

All Orders must be paid by credit card only. We accept payment with the following credit cards:

  1. American Express;
  2. Visa; and
  3. Master Card.

You accept that you must pay all fees and charges, including credit cards fees related to the payment of your Order.

Acceptance, Rejection or Cancellation of an Order

We reserve our right to accept or reject any Order placed by you, for any reason and without liability.

We may cancel any Order without any liability to you for that cancellation if:

  • we cannot or are unable to process your payment for any reason;
  • the requested product(s) are unavailable;
  • there is an error in the price or the product description of any product in the Order; or
  • we suspect fraudulent or unlawful activity.

Any payment made for a valid Order that we cancel will be refunded to you through any method of our choosing.

You agree that you have no entitlement to change or cancel an Order after it has been made. We retain full discretion whether to accept your request to change or cancel an Order. If we do choose to accept your request to change or cancel an Order, you accept that you will pay all our reasonable costs associated with changing or cancelling your Order.

Delivery

Australia Post

We use Australia Post to deliver ordered products.

You agree to any of the terms and conditions of Australia Post that may be relevant to the delivery of your Order.

Delivery Address

The address that Australia Post will deliver is the address that you have provided during your Order.

We will not action your delivery with Australia Post unless all requested delivery details are provided when you place your Order.

Pre-conditions to Delivery

You agree that any person who takes receipt of your ordered products at the delivery address is authorised to do so.

Delivery times

The standard time-frame for receiving an Order is 10-14 days. You accept the risk that occasionally due to circumstances which are beyond our control, including any actions taken by Australia Post and the impact of extreme temperatures, delivery times may be longer than the standard time-frame or as nominated and paid for by you.

You accept that the Delivery times for your Order will be within Australia Post’s normal delivery times.

Delivery returns/non-collection

We will refund the amount paid by you for any ordered products that we are unable to deliver to you for any reason, including if any delivery pre-conditions are not met or an incorrect address is provided.

Our refunds may contain the following deductions:

  1. Costs incurred delivering the products; and
  2. Costs incurred returning the products to our storage site.

Pick-Up

Pick-Up is available from our cellar doors.

You must collect your Order from the specified cellar door as advised by us.

We may rely on any person who collects your Order as being authorised to collect your ordered products on your behalf.

We may not allow collection of your order if any of our requests for verification (such as proof of identity or age) are not complied with to a satisfactory standard.

We will not allow collection of your order if we consider that the circumstances of the collection are not suitable for any reason including:

  1. The recipient and/or likely recipient of the ordered products appears to be under the age of 18 years old; and
  2. The recipient and/or likely recipient of the ordered products appears to be under the influence of alcohol or drugs.

Risk and Title

Risk and title in the products pass to you at the later of the time that:

  1. they are delivered to your delivery address; or
  2. you pay for the products.

If the risk and title of an ordered product has passed to you, it will revert back to us if we make a refund to you.

Returns

We follow the returns requirements imposed upon us by Australian Consumer Law. To obtain a comprehensive understanding of your rights under Australian Consumer Law we suggest that you visit http://consumerlaw.gov.au/.

Refund due to Deterioration in Quality

We will provide you with a refund or replacement for any products that have deteriorated in quality during delivery to your delivery address.

No Resale

You agree that all products purchased from us are not for resale and are for personal consumption only.

Suspension and Termination of Your Account

We reserve the right to refuse your Order, suspend your account(s) and/or terminate your account(s) if we determine that you have likely acted in contravention of these terms and conditions or any relevant legislation.

Northern Territory

To ensure compliance with the Northern Territory Minimum Unit Price Legislation we may change the final price calculation of your order if you are a Northern Territory resident.