Mitolo Wines Pty Ltd ACN 112 011 560 (“we”, “us” or “our”) may amend these Terms from time to time. Your use of the website after we make any amendments to these Terms will oblige you to comply with these Terms as amended. However, we will not change any terms and conditions for an existing order for goods that has been accepted by us. The terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order for goods.
1.1 You agree that you will only register one account as a user of the website (“user”, “you” or “your”). Instances of multiple accounts per user may result in additional accounts being closed and any credits that have been attached to that User account will be cancelled.
1.2 Wine and any other goods offered for sale on our website (“Goods”) are for personal use only, and are not to be on-sold.
2.1 Australian law prohibits the sale of alcoholic beverages to people under the age of 18 years.
2.2 By using this website or placing an order you are confirming that you are over the age of 18 years.
2.3 We encourage the legal and responsible consumption of alcohol.
3. Sale of Goods on website
3.1Y ou must possess a valid credit or debit card to place an order for wine or other goods offered for sale by us (“Goods”) on the website.
3.2 We will supply the Goods to you on these Terms.
3.3 You must pay for the Goods at the time you place an order for the Goods on the website. After you place an order for Goods, you will receive an email confirmation from Mitolo Wines – Enquiries from our email address:firstname.lastname@example.org containing your order details.
3.4 All online credit card transactions performed on this website are secured payments via out payment plaform .Eway which is operated by Web Active Corporation Pty Ltd.
3.5 All advertised prices on our website are in Australian Dollars and GST is included.
3.6 The price for Goods on our website do not include delivery fees.
3.7 We accept payment by Visa, MasterCard and American Express. When providing your credit or debit card, you agree that there are sufficient funds available to cover the cost of your order
4. Orders for Goods
4.1 There is no minimum order value on our website.
4.2 You acknowledge and agree that any incorrect information submitted on our website may delay or impede the delivery of Goods. We will endeavour to assist in rectifying the situation but we take no responsibility for any incorrect address details being provided and as such, additional fees may be incurred.
4.3 If you order a wine on our website that is unavailable at any time, we will contact you have the option to either:
4.3.1 either cancel your order; or
4.3.2 provide you with alternative wine options for you order. [SE1]
5.Delivery of Goods
5.1 We deliver to most areas within Australia.
5.2 All delivery fees will be quoted at the time of checkout of your order. Additional fees may be charged if Goods are redirected due to incorrect information or a change of address.
5.3 We will endeavour to deliver any Goods at any times specified by you. The delivery may be made anytime up to or before the requested time. Any deliveries to businesses will take place prior to 5pm, unless otherwise advised.
5.4I t is at the discretion of our couriers as to whether it is safe to leave Goods at an address. In the event we do not leave the Goods, we will make every attempt to contact the recipient for redelivery instructions.
6.1.1the purposes for which your personal information is collected;
6.1.2 the consequences if your personal information is not provided to us;
6.1.3 the third parties to which we disclose your personal information;
6.1.4 how you may seek access or correction of your personal information;
6.1.5 whether your personal information is likely to be disclosed to overseas entities and in which countries; and
6.1.6 how you can complain about a breach of our obligations in respect of your personal information and how such a complaint will be dealt with.
7.1 We takes all reasonable steps to ensure the security of its systems. Any information which we hold for you is stored on secure servers. In addition, our employees and the contractors who provide services relating to its information systems (as applicable) are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for any loss that may arise from unauthorised access to your personal information subject to any negligence or breach of law on behalf of us.
7.2 The website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. We accepts no responsibility for any liability that may arise from your use of a third party website.
7.3 We exercise all due care to ensure that your information is secure on its system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers. We accept no liability (subject to any negligence or breach of law on behalf of us) that may arise if any other persons obtain the information you submit to the website.
8. No representations and warranties
8.1 We will comply with our warranty obligations at law. However, to the maximum extent permitted by law (including the Australian Consumer Law (“ACL”)), we do not provide any further representations or warranties relating to this website, its content or its availability or the Goods.
8.2 We will not be responsible in any way for the availability of the website subject to any negligence, breach of law or circumstances within our reasonable control. We will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise) to maintain the performance of this website where this is within our direct control.
8.3 We do not warrant that the website will operate error-free or that the website and its server are free from computer viruses or other harmful mechanisms.
9. Risks and release from liability
To the maximum extent permitted by law:
9.1 we accept no liability for any loss or damage howsoever arising (including any indirect or consequential loss) to any person or corporation who may rely on the information contained on this website for any purpose or as a result of the use of or access to this website; and
9.2 you release us from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which you or anyone claiming through you may have, or might at any time have or have had against any us in respect of, arising out of or resulting from access, attempted access or use of the website.
10.Third party data
We are not responsible for the content of any data on or accessed through the website that is not originated by us. We exercise no direct supervision or control over the content of such data. We do not assume any responsibility for data not actually provided or expressly authorised by it. The responsibility for data that does not conform to these Terms and all possible consequences lie with the provider or sender of the data.
You must use the website responsibly and within the law. It is your responsibility to:
11.1 use the website in a manner which does not violate any applicable laws or regulations;
11.2 respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via the website;
11.3 respect the privacy of others;
11.4 use the website in a manner which does not interfere with or disrupt other users of the website, services or equipment;
11.5 refrain from acts that waste resources or prevent other users from receiving the full benefit of the website; and
11.6 use the website lawfully, ethically and in accordance with accepted community standards.
12. Unacceptable uses
12.1 You must not use the website in any way which breaches local, state, federal or international laws or regulations. Without limiting that, you must not:
12.1.1 violate copyright, trademark or other intellectual property rights;
12.1.2 illegally store, use or distribute software owned by or licensed to us;
12.1.3 transmit threatening, obscene or offensive materials;
12.1.4 discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
12.1.5 misrepresent or defame others;
12.1.6 commit fraud;
12.1.7 damage, modify or destroy any of our or any other person’s files, data, passwords, devices or resources;
12.1.8 make an unauthorised transmission of confidential information or data protected by trade secrets;
12.1.9 engage in misleading or deceptive on-line practices;
12.1.10 impersonate any person, or misrepresent your identity or affiliation with any person; or
12.1.11 attempt to do any of these things.
12.2Y ou must not use the website to interfere with or disrupt the website or other users, services or equipment. In particular, for example, you must not:
12.2.1 distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists;
12.2.2 send unsolicited commercial messages;
12.2.3 initiate or spread computer worms, viruses or other types of malicious programs;
12.2.4 make transmissions of any type or quantity which adversely affect the operation of the website or jeopardises the use of the website, or its performance for other users of the website; or
12.2.5 harass or impersonate us, the website or other users of the website;
12.2.6 engage in conduct which causes a threatened or actual nuisance to other users of the website; or
12.2.7 violate or attempt to violate the security of the website.
13. Our rights
13.1 You will indemnify us against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that we suffer or incur as a result of any breach of these Terms by you.
13.2 Without limiting any of our other rights, if you breach any term of these Terms, we will have the right to:
13.2.1 require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website, using any means reasonably necessary;
13.2.2 suspend or terminate your access to the website; and
13.2.3 take any other action against you.
13.3 These Terms are governed by and are to be interpreted pursuant to Australian law and users of the website submit to the exclusive jurisdiction of Australian courts in respect of any disputes under or related to these Terms or a user’s access to or use of the website.
14. What we may do to ensure that these Terms are being followed
14.1 We may (but is not obliged to) monitor your use of the website to determine whether these Terms are being followed. If we monitors your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms.
14.2 If we become concerned that your use of the website may break the law or that you have not complied with these Terms, we will generally attempt to contact you before taking action (if possible).
14.3 If we believes that your use of the website may break the law or that you have not complied with these Terms we may:
14.3.1 notify you by email (if possible);
14.3.2 suspend or terminate your access to the website without notice; and/or
14.3.3 notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
15.1 Whilst we will make all commercially reasonable efforts to post a prior warning on the website, we may from time to time suspend, disconnect or deny access to the website, without notice to you during any technical failure, modification or maintenance affecting the website, provided that we will use commercially reasonable endeavours (taking into account our internal standards written or otherwise adopted) to procure the resumption of the website as soon as reasonably practicable.
15.2 Without notice to you, we may remove, amend or alter any material or data in the website upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.
16. Wine Club Terms
16.1 You must be 18 years or older to join the Mitolo Wines Wine Club (“Wine Club Member”).
16.2 You must be a resident of Australia and agree to our terms and conditions below to be a Wine Club Member. Wine Club Members are deemed to have accepted and be bound by these terms upon completing and returning a Membership Form.
16.3 All purchases are subject to these Terms and Conditions.
16.4 By becoming a Wine Club Member you acknowledge that your wine selections (as described in our Wine Club Brochure) will be automatically charged to your credit card. You can expect delivery within 14 days of your credit card being charged.
16.5 Each Wine Club Member will receive two deliveries of twelve bottles of wine per annum.
16.6 By registering as a Wine Club Member you consent to your credit card details being kept in a secure file on our payment platform WineDirect (operated by WineDirect Payments). [SE2]
16.7 We will send you an email prior to each delivery being dispatched if you need to update your address details.
16.8 You must notify us of any change to your credit card details.
17. Member Benefits
17.1 Wine Club Membership benefits are as follows:
17.1.1 a discount of 10% on all purchases*;
17.1.2 annual voucher to spend at our restaurant Bocca Di Lupo (booking required) $25* Voucher Hahn Road and Paddy’s members and $50* Voucher Flour Mill Road and M Icon members (this voucher is earned upon your second delivery of wine per annum);
17.1.3 first access to museum and large format wines;
17.1.4 access to exclusive Wine Club Member offers including first release offer of our icon “Marsican Shiraz”;
17.1.5 included with each delivery tasting notes for each wine and vintage reports;
17.1.6 preferential invitations to our events; and
17.1.7 complimentary shipping to your door .
17.2 The Wine Club Member benefits are subject to change upon written notice by us to Wine Club Members from time to time.
18. Cessation of Membership
18.1 You can stop your Wine Club Membership by clicking the unsubscribe link which is located at the bottom of any correspondence from us.
18.2 If you cease your membership after making a purchase as a Wine Club Member (“Purchase”), if the Purchase has not yet been dispatched, the Purchase will not be delivered and no monies will be charged to the credit card which you have provided. If monies have already been paid the monies will be refunded to you but only if the Purchase has not yet been dispatched.
19.1 We may amend the Wine Club Terms from time to time.
19.2 If we decide to change the terms in a way that we think may substantially and adversely affect your rights, we will notify you in writing (preferably via email). If we do not have a valid email address, we will notify you by direct mail. Your continued participation in the Wine Club after such notification of a change in these Terms will constitute acceptance of the Terms.
19.3 We accept no responsibility for the failure of a Wine Club Member to receive any communications or for inaccurate information or for any loss, damage or injury as a result of a technical or telecommunication problem, including a security breach. If any such problem arises, then we may modify, cancel, terminate or suspend your Wine Club Membership.
19.4 To the maximum extent permitted by law, we make no representations or warranties, express or implied other than those implied under the ACL, with respect to the availability, performance, security, characteristics or operation of any Goods offered by us and we will not be responsible for a breach of any such representations or warranties.
19.5 To the maximum extent permitted by law, we limit our liability for a breach of your consumer rights under the ACL, to:
19.5.1 in the case of any services being supplied, the supply of the services again or the payment of the cost of having the services supplied again; or
19.5.2 in the case of Goods, the replacement of the Goods or the supply of equivalent Goods.
19.6 To the maximum extent permitted by law, we will not be responsible for any loss or damage arising as a result of the Wine Club Member entering into these Terms including any indirect, consequential loss or damage, howsoever arising.
19.7 We reserve the right to request verification of your age, identity and residential address and any other information relevant to your Wine Club Membership.
19.8 We reserve the right to terminate your Wine Club Membership in the event that you provide false information or for any other reason we determine in our sole discretion (acting reasonably).
19.9 You are unable to transfer your rights as a Wine Club Member to any other person, these Terms are personal to you.
* Discounts are not applicable to items on other promotions. Discounts exclude the Marsican Shiraz. Each shipment may vary slightly as per description.