The Wanderers Terms and Conditions
By purchasing you agree to the following
1. This agreement is between:
a. Zonte's Footstep Pty Ltd ABN 51 105 918 456, holder of Liquor production and sales licence: 57606001 (us, we, our); and
b. the persons listed or stated in the Order (you, your).
2. This Agreement
a. These Purchase Terms and the Order represent the entire agreement governing your purchase of Products from us (Agreement) and supersedes any previous negotiations, representations, understandings or arrangements, whether oral or in writing.
b. Where an Order consists of multiple Deliveries whether on a single day or over a period of time, this Agreement applies to each Delivery.
3. Termination
a. Including any other right to terminate this Agreement, an Order or Delivery as set out in this Agreement, by giving the other party notice in accordance with clause 11:
i. either party may immediately terminate this Agreement:
i. if the other party breaches this Agreement; or
ii. if the other party is insolvent or bankrupt,
iii. if you are a Member, you may cancel your Membership at any time without reason;
iv. if you are receiving the Regular Delivery Service, you may cancel it at any time without reason and on cancellation any further Deliveries applicable to that Regular Delivery Service will cease, unless already dispatched for Delivery, and any unused advance payments will be refunded to you; and
ii. we may cancel this Agreement including any existing Regular Delivery Service and cancel all Deliveries without liability to you:
i. if required to do so by law;
ii. if you fail to pay the Annual or Monthly Fee when due; or
iii. without reason and any unused advance payments will be refunded to you.
b. Termination of this Agreement does not affect any accrued rights and liabilities of either party.
4. You must be over 18 years of age
a. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
b. If you purchase Products from us, you warrant to us that: i you are over the age of 18 years; and ii any person that you are obtaining the Products for, or supply the Products to, is over the age of 18 years.
c. We reserve the right to cancel any Order or refuse to supply you with any Products you Order if we are not satisfied you meet the requirements in clause 4.2.
5. Representations of Goods
Although we aim to include the most up-to-date pictures of the Goods in our materials and on our Site, pictures are for illustrative purposes only and should not be relied upon.
6. Pricing Errors
a. Where we become aware the price of any Goods shown on our Site or in our materials is incorrect by being:
i. higher than the correct price we will refund the overpayment to you by crediting any overpaid amounts which may have been debited to your credit or charge card; or
ii. lower than the correct price, we reserve the right to not accept such Orders for Goods or cancel the Order even if the Order has been accepted and payment received.
b. Prior to cancelling or rejecting your Order we will contact and offer you the option of amending your Order and proceeding with the purchase of the Goods at the correct price.
c. If you decline to proceed with the purchase of the Goods we will refund any payments to you by crediting any amounts which may have been debited to your credit or charge card.
7. Wanderers Membership
a. You may become a Member by joining our Wine Club The Wanderers via our website or filling out and submitting a Membership Form. If you become a member, these Purchase Terms apply to you.
b. If you become a Member, you will be required to pay a quarterly Membership Fee every 3 month period of your Membership. Your Membership will be automatically renewed every 3 months and you will be liable to pay us the Membership Fee.
c. In addition to any Regular Deliveries Service you may select, we may also provide you from time to time with certain membership benefits, such as tasting notes, recipes and exclusive member offers (such as discounts on purchases of wines and special offers from third parties) or other benefits (Member Benefits).
d. We reserve the right to add to, vary substitute, or omit the Member Benefits at any time, in our absolute discretion, and without notice to you.
8. Privacy and Personal Information
a. The personal information we collect from you generally includes your name, address, telephone number/s, email address and information required for order processing and payment. We may also collect information from you concerning your preferred wine type/s or other related products or services.
b. We collect your personal information through a range of sources including the membership form you fill in to become a member, information you provide over the telephone to our sales consultants or member of our customer service team, surveys and questionnaires you complete, and at our related events and functions.
c. We use your personal information to provide products and services and Additional Benefits. If you do not want to receive information from us regarding our products and services or Additional Benefits, please advise us.
9. Our liability
a. To the fullest extent permitted by law, we exclude all warranties (whether express or implied) in relation to any Products or Additional Benefits, and will not be liable to you for any loss, cost, damage or expense you suffer in connection with or arising from our provision (or failure to provide) the Products or Additional Benefits.
b. We do not make, and have not made any warranty or representation as to the suitability of any Products we supply for any particular purpose.
c. We do not warrant the accuracy of information contained on our Site, catalogues or other materials and recommend that you read the label on Goods carefully before consuming the Goods.
d. To the fullest extent permitted by law, we will not be liable for any loss, damage to property, personal injury or death arising from or in connection with use of any Products by you or any third party. You use the Products at your own risk.
e. We will not be liable for any consequential or indirect loss or loss of profits, opportunity or chance you suffer in connection with this Agreement or any Products used by you.
f. To the extent permitted by law, you agree that our liability arising out of or in connection with any breach of an express or implied warranty or condition of our Agreement is limited to:
i. if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods, or the payment of the cost of replacing the Goods or of acquiring equivalent Goods; and
ii. if the condition relates to Services, the supplying of the Services again or the payment of the cost of having the Services supplied again.
10. Our brand and brands we sell
You acknowledge and agree that any trade marks, logos or copyright materials which appear on our Site, catalogues or other materials produced by us (or on our behalf) and distributed to you are owned by or licensed to us, and that you must not do anything to prejudice our rights or those of the owner in relation to those trade marks, logos or copyright materials.
11. Amendments to this Agreement
We may add to, delete, or otherwise change any of the terms of this Agreement at any time. If we make a substantial change to the terms of this Agreement, we will post the up to date terms (New Terms) on the Site and the New Terms will be effective immediately on posting. You are responsible for monitoring the Site for New Terms. If you do not consent to any New Terms, you must notify us immediately that you terminate this Agreement. Your placement of any further Order or continued use of any Products indicates your acceptance of the New Terms.
12. How to give notice
a. You can give notice to us under this Agreement by telephoning our Customer Service Centre, writing to us at our address as set out on our website, or by emailing us at cheers@zontesfootstep.com.au. If you write to us the letter or must be clearly legible and signed by you.
b. We can give notice to you by writing to you, telephoning you, emailing you using the contact details you provide to us from time to time.
c. Any notice sent under this Agreement will be taken to be received by the other party:
i. in the case of a letter, on the third business day after the date of posting;
13. Miscellaneous
a. Any word or provision of this Agreement must be read down, where possible, or severed if this Agreement will be otherwise void, voidable or unenforceable. The remainder of this Agreement has full effect.
b. We do not waive a right or remedy created by this Agreement except we give you a written, signed waiver. Any delay in exercising our rights or remedies is not a waiver of those rights or remedies, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any other right we have.
c. You must not assign, sell or transfer your interest under this Agreement. We may, in our discretion, assign, sell or transfer our interest in this Agreement by notice in writing to you.
d. The laws of South Australia govern this Agreement and each party submits to the non-exclusive jurisdiction of the courts of South Australia and any courts competent to hear appeals from those courts.
14. Regular Delivery Service
Unless you terminate this Agreement as permitted herein, if you Order a Regular Delivery Service, the minimum term will be 3 months and will be automatically renewed at the end of each 3 month period for a further term of 3 months, subject to payment of any renewal fee.
15. Definitions
In these Purchase Terms:
• Authority means any government, semi governmental, statutory, administrative, fiscal or judicial body, department, commission, authority, tribunal, public or other person.
• Delivery means any delivery of Goods to you requested in an Order.
• Delivery Address means:
1. for deliveries to metropolitan areas, the delivery address you specify on the Order (or as notified by you from time to time); or
2. for deliveries to regional areas, the nearest Post Office to the delivery address you specify on the Order.
• Delivery Area means any area(s) we nominate for which we will arrange Delivery but excludes areas that are classified by an Authority as alcohol-free zones.
• Delivery Charges means fees plus any GST for the freighting and delivery of any Products to you.
• Goods means wine and alcoholic beverages and any other goods we supply to you from time to time, including any goods supplied as part of the Additional Benefits.
• Member means any person who:
1. is accepted as a member by us after receiving a completed membership form; and
2. has paid the Membership Fee. Membership Fee means the non-refundable fee payable by you to become Member. Membership Form means the form submitted by prospective members to us either online, at The General Wine Bar and Kitchen or with one of our sales representatives.
• Order means any oral or written request that You give to us and which is accepted by us, to supply you with Products, including any order for a Regular Delivery Service, which is given via the following approved mediums:
1. the website;
2. by telephone at+ 61 08 7286 3088 (or such other telephone number we have notified to you);
3. by regular mail to Zonte's Footstep, PO Box 353, McLaren Vale, South Australia 5171 ; or
4. in person at The General Wine Bar and Kitchen or an event attended by Zonte's Footstep.
• Product Price means the price of Products you Order, including GST but excluding Delivery Charges.
• Products means any Goods and Services as the context dictates
• Regular Delivery Service means any package or arrangement offered by us to Members from time to time which consists of the periodical Delivery of Goods over a period of time and which has been selected by you and specified in your Order.
• Services means any services we supply to you, including any services supplied as part of the Additional Benefits.
• The website means www.zontesfootstep.com.au
Shipping & Delivery
Your purchase is normally dispatched via Wine Delivery Australia or Australia Post within 2 or 3 business days. Delivery to metropolitan areas will take 3-7 business days. Please contact us if you would like an tracking number by emailing us at cheers@zontesfootstep.com.au or phone +61 (0) 8 7286 3088.
In the event of an extended heat period we may delay deliveries to prevent spoilage of your wine. We will contact you in this instance.
Any stock damaged during delivery or tainted stock will be replaced at no charge.
Unfortunately Zonte’s Footstep will not exchange or refund if you simply change your mind.
For further details please contact us:
Head Office
49 OAKLEY ROAD
McLAREN FLAT SA 5171
Phone: +61 (0) 8 7286 3088
Email: cheers@zontesfootstep.com.au
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