WEBSITE TERMS AND CONDITIONS

TERMS AND CONDITIONS

Capercaillie Wines Pty Ltd ACN 603 559 057 is the owner of this website. The following Terms and Conditions apply to the use of this website and if you do not agree with them or any part of them you must not use this website. Capercaillie Wines Pty Ltd may amend these Terms and Conditions from time to time. Every time you use this website you agree that you have read these Terms and Conditions and accept them in full.

AGE REQURIEMENT

You may only use this website if you are over the age of eighteen (18) years and reside in New South Wales. If you reside outside New South Wales you may only use this website if you are over the legal drinking age of eighteen (18) years or you comply with the legal drinking age of your state or country of residence.

OWNERSHIP OF INTELLECTUAL PROPERTY

Unless otherwise stated Capercaillie Wines Pty Ltd and/or our related companies own the Intellectual Property Rights (names, trademarks, logos and all copyright material) appearing on the website. You must not use any Intellectual Property in any way except as agreed in writing by us or in accordance with Australian and International copyright laws.

This website uses cookies. A cookie is a small amount of data generated by this website for the purpose of remembering information about you. By using this website and agreeing to these Terms and Conditions you consent to Capercaillie’s use of cookies in accordance with the terms of Capercaillie’s Privacy Policy. You may view, download for caching purposes only and print pages from the website for your own personal use only.

PURCHASES MADE ON OUR WEBSITE

If you use this website to purchase goods from us, we may require you to open an account by creating a user name and password. You must keep your account user name and password details confidential and secure at all times. Any order placed by you in the manner described on this website is an offer by you to purchase a particular wine for the price (including delivery, taxes and other charges) specified on this website at the time you place your order and is subject to these Terms and Conditions. Capercaillie Wines Pty Ltd reserves the right to accept or reject your offer for any reason including, without limitation, the unavailability of any product, an error in the price, or the product description posted on this website, or an error in your order. Your contract with Capercaillie Wines Pty Ltd only comes into existence when it forwards confirmation of receipt of your order and payment.

You must not allow any other person to use your account including any person under the age of eighteen (18) years. You are solely responsible for all activity that occurs on your account and must notify us immediately if you become aware of any unauthorised access to or use of your account. Our Terms and Conditions of sale govern any purchases you make from this website.

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful. You must not use this website for any purposes related to marketing without Capercaillie’s express written consent.

Access to, and use of this site, including viewing, downloading, reproducing, displaying, posting and publishing is not permitted except in accordance with these terms. This applies to use by any means, including electronic, mechanical, photocopying, recording, creation of derivative works or otherwise. Capercaillie Wines Pty Ltd keeps limited, non-transferable, non-exclusive revocable permission for you to access and make personal, non-commercial use of this site and site content. You may not collect or attempt to collect personal information relating to others through this site.

PRIVACY AND PERSONAL INFORMATION

Any personal information submitted by you on this website is governed by our Privacy Policy.

DISCLAIMER

Capercaillie Wines Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website. In particular we do not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non misleading.

We will not be liable to you (whether under the law of contract, the law of ports or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website:

  • To the extent that the website is provided free of charge, for any direct loss;
  • For any indirect special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, or loss or corruption of information or data.

INDEMNITY

You must indemnify and hold harmless, Capercaillie Wines Pty Ltd and its employees, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these terms or reliance by you on any information obtained through your access and/or use of this website.

THIRD PARTY SITES

There may be links to other websites or advertisements of goods and services available from other parties on our website. We are not responsible for those websites, their content or the goods and services available on them. Your visitation of any external websites via links from this site is entirely at your own risk. We have not confirmed the accuracy or reliability of any information on external websites or resources linked or accessed via this site or which link to our site. We are not responsible or liable for any content, advertising, products, support, services or other materials on or available from such external websites or resources. We are not responsible for the accuracy, copyright compliance, legality or decency of material contained in external websites or resources.

Without limiting the above, we do not make any representations or warranties as to the security of any information (including credit card and other personal information) you might be requested to give any third party through link websites and you waive any claim against us with respect to such matters.

The laws of New South Wales govern these Terms and Conditions. This website and its contents are owned by Capercaillie Wines Pty Ltd ACN 603 559 057 of 5A O’Brien Street, Mount Druitt, NSW 2770.