Terms and Conditions of Sale

Glendon Vineyards Trust Pty Ltd

(ABN 85 656 318 798)

Terms and Conditions of Sale

1. Interpretation

In these terms:

  1. ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  2. Act means Liquor Act 1997 (SA).
  3. Buyer means a customer who orders wine from the Seller.
  4. Contract means the contract between the Buyer and the Seller for the sale and purchase of Goods and includes these Terms.
  5. Goods means wine ordered by the Buyer from the Seller.
  6. GST has the meaning given to that term in the GST Law.
  7. GST Law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  8. Seller means Glendon Vineyards Pty Ltd (ACN 008 167 888).
  9. Terms means the Seller’s standard terms and conditions of sale set out in this document, unless the context otherwise requires.
  10. Website means www.landaire.com.au

2. General

  1. Each order will constitute an offer by the Buyer to acquire Goods from the Seller upon and subject to these Terms to the exclusion of all other terms and conditions.  A separate Contract will be made only on acceptance of an order by the Seller, which may be by written or electronic acceptance or delivery of all or part of the Goods ordered.
  2. The Seller may accept or reject the Buyer’s order for Goods in its absolute discretion.
  3. These Terms comprise the entire agreement between the parties and supersede all prior terms, negotiations, discussions or agreements.

3. Liquor Licence

  1. The Goods are supplied to the Buyer by the Seller under the Seller’s Direct Sales Liquor Licence No.51405627 in accordance with the Act.
  2. The Buyer acknowledges that:
    1. the Goods are liquor governed by the Act;
    2. they are aged 18 years or over;
    3. it is an offence under the Act to supply liquor to a person under the age of 18; and
    4. a party delivering the Goods (Freight Handler) to the Buyer’s address will not leave the Goods unattended or with any person who cannot prove that they are aged 18 years or over;
    5. any Goods which cannot be delivered under clause 3(b)(iv) will be returned to the Freight Handler’s premises nearest to the Buyer’s delivery address for collection by the Buyer.
  3. These Terms are governed by the law in force in the State of South Australia. The parties agree that the supply of the Goods (liquor is deemed to have occurred in South Australia only.
  4. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in State of South Australia.

4. Delivery

  1. The Seller will arrange a Freight Handler on behalf of the Buyer to deliver the Goods to the Buyer, at the address nominated by the Buyer in their order.
  2. The Seller does not deliver outside of Australia, without its express prior written consent.
  3. Freight charges in respect of the Goods will be charged to the Buyer by the Seller in addition to the price of the Goods. The freight charges quoted on the Website are subject to change depending on the Buyer’s delivery address and may include an amount in addition to that charged by the Freight Handler, representing the Seller’s dispatch cost.
  4. Any delivery time the Seller gives the Buyer is only an estimate and is subject to the conduct of the Freight Handler.  The Seller is not liable to the Buyer for any loss or damage (including any consequential loss or damage) arising from late delivery.
  5. The Buyer must still accept and pay for the Goods even if the Freight Handler delivers late or in instalments.

5. Quantity discrepancy

  1. If the quantity of goods delivered is less than the amount the Buyer ordered, the Buyer must notify the Seller in writing of the shortfall within 7 days of delivery, otherwise the Seller will be deemed to have delivered the correct quantity of goods, and the Buyer must accept the goods and pay for them in full despite the shortfall.
  2. If the quantity of goods delivered is more than the amount the Buyer ordered, the Buyer must immediately inform the Seller in writing and the Seller is entitled to charge the Buyer for the excess or recover the excess from the Buyer at the cost of the Seller.

6. Price and costs

  1. Unless the Seller otherwise agrees in writing the price of the Goods will be the price the Seller usually charges for the Goods, as advertised on the Website.  
  2. For each 12 bottles of wine or more ordered by the Buyer, the Seller will waive the freight charge in clause 4(b).
  3. Any price concession or discount the Seller provides to the Buyer is conditional on the Buyer’s full compliance with these Terms.
  4. The Seller will not dispatch the Buyer’s order until payment in full for the Goods and freight charges has been received.

7. GST on price

  1. The price of the Goods advertised on the Website includes any applicable GST, which the Seller is required to remit under the GST Law.
  2. The Seller will issue the Buyer with a valid tax invoice upon receipt of payment for the Goods.

8. Risk

  1. Risk in the Goods passes to the Buyer when dispatch occurs and the Goods are collected by the Freight Handler or when the Goods are in the Buyer’s custody, whichever is first.

9. Title

  1. Until the Buyer has paid all amounts owing by the Buyer to the Seller (and all cheques or negotiable instruments have been paid) the title and property in the Goods does not pass to the Buyer.

10. Force majeure

  1. The Seller is not liable for failure to comply with these Terms, any Contract or an agreement for sale of Goods if the failure (directly or indirectly) arises out of any circumstances which are not within the Seller's reasonable control.  If such circumstances occur, the Seller may delay or cancel delivery of the Goods or reduce the quantity to be delivered.
  2. The circumstances are taken to be beyond the Seller's reasonable control includes, without limitation, strikes, lockouts, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government authority or instrumentality.  
  3. The Seller is not obliged to remedy such circumstances.  The Seller is especially not obliged to settle any strike, lockout or any other kind of labour dispute.

11. Cancellation

11.1 Cancellation of order or return of Goods

  1. The Buyer may not cancel an order or return any Goods unless the Seller first agrees in writing.
  2. The Seller will not agree to cancellation of an order unless the Buyer compensates the Seller for all loss and damage arising from the cancellation.
  3. The Seller may cancel any order in whole or in part by notice to the Buyer and resell the Goods if the Buyer fails to comply with any of its obligations under these Terms or under an agreement for sale of Goods.
  4. Upon cancellation of an order the Buyer must indemnify the Seller for any costs and expenses incurred prior to cancellation and must pay any reasonable cancellation charges fixed by the Seller.

11.2 Cancellation of Contract

The Seller may cancel the Contract in either of the following events:

  1. if the Seller reasonably considers that it may be unable to satisfy the order within a reasonable time; or
  2. if Goods remain uncollected or the Buyer fails to give satisfactory instructions for the delivery of the Goods after a period of 14 days from notification to the Buyer that they are ready for collection.

11.3 No claim

The Buyer has no claim against the Seller for any damage, loss, cost or expense arising from cancellation under this clause.

12. Limitation of liability and indemnity

  1. The only conditions and warranties which are binding on the Seller in respect of  the suitability, use, quality or condition of the Goods, are those applying by operation of law and required to be binding (including the ACL).  All other warranties and conditions are excluded.  
  2. To the extent permitted by law, the liability of the Seller and its employees or agents for a breach of any warranty or liability which by law cannot be excluded, restricted or modified, or under any express warranty, is limited, at the Seller's option, to:
    1. the replacement of the Goods or the supply of equivalent Goods;
    2. the payment of the costs of replacing the Goods or of acquiring equivalent Goods.
  3. Other than as provided in this clause 12, the Seller, its employees or agents shall not be liable for any loss or damage (including any consequential loss or damage) of any kind whatever, even if due to the negligence of the Seller, its employees or agents.
  4. The Buyer acknowledges that the Buyer does not rely on the skill or judgment of the Seller as to whether or not the Goods are fit for any particular purpose and that the sale of the Goods is not a sale by sample.
  5. The Buyer indemnifies the Seller from every liability, loss, damage, cost or expense directly or indirectly incurred or suffered by the Seller caused by or contributed to by any of the following:
    1. the Seller complying with any instruction of the Buyer about the Goods;
    2. the Buyer's failure to:
      1. comply with any law about the Goods or their consumption;
      2. take any reasonable precaution to bring to the attention of any potential consumers of the Goods any dangers associated with Goods;
    3. the consumption of the Goods by the Buyer; and
    4. any negligence or breach of duty by the Buyer or any breach by the Buyer of these Terms.

13. Privacy

  1. The personal information the Seller (we) collect from the Buyer (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.
  2. We collect your personal information through a range of sources including the order form you fill in, 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.
  3. You agree that we may use your personal information to provide products and services and direct marketing material. If you do not want to receive information from us regarding our products and services or marketing material, please advise us.

For more information, please see our Privacy Policy which can be viewed on the Website.

14. Intellectual Property

All material on the Website is intellectual property owned, controlled or licensed by the Seller. The Buyer must not copy, distribute, transmit, reproduce or republish any information displayed on the Website (excluding the order form), without the prior written consent of the Seller.

15. Notices

  1. A notice, consent or other communication under these Terms of sale is only effective if it is in writing, signed and either left at the addressee's address or sent to the addressee by mail or fax.  If it is sent by mail, it is taken to have been received 3 working days after it is posted.  If it is sent by fax, it is taken to have been received when the addressee actually receives it in full and in legible form.
  2. A person's address and fax number are those set out in the quotation.  The Seller may send a notice to the Buyer's last known address.

16. Waiver

  1. A right of the Seller may only be waived in writing, signed by the Seller.
  2. No other conduct of the Seller (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.
  3. A waiver of a right by the Seller on one or more occasions does not operate as a waiver of that right if it arises again.
  4. The exercise of a right by the Seller does not prevent any further exercise of that right or of any other right.

17. The Seller's rights

Any right that the Seller may have under these terms of sale is in addition to, and does not replace or limit, any other right that the Seller may have.

18. Severability

Any provision of these terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of the terms.

19. Variation

The Seller is entitled to vary these terms at any time by displaying amended terms on the Website.