Terms of service
This website is operated by Atze's Corner Wines. Throughout the site, the terms “we”, “us” and “our” refer to Atze's Corner Wines. Atze's Corner Wines offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
Atze’s Corner Wines
About the winery, Atze’s Corner wines (SA) Pty Ltd ABN 79 116 973 025, under the South Australian Liquor licensing act 1997, direct sales license number 514024483, is a family owned winery and is undertakes in the growing of the fruit on their own vineyards and produces it’s wines at their own winery and also at small wine contracting facilities.
SUPPLY OF PRODUCTS/WINE
To buy wine on this website, you must be at least 18 years of age, be located within Australia and specify a delivery address within Australia. Under law, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over.
By placing an order, the purchaser confirms they are at least 18 years of age. If purchasing wine as a gift, the receiver must also be 18 years of age or over. Wine will not under any circumstances be left at an unattended premises and the delivery of the wine must be signed for by a person over the age of 18. The courier will request some form of ID if there is any doubt about the age of the receiver on delivery. If that receiver is unable to produce appropriate ID, the wine will not be left.
Wine sales are subject to “While stock last” conditions, while Atze’s Corner Wines makes every attempt to keep website updated, if for some reason the particular wine you ordered is unavailable a wine of equal or greater value will be offered, or if you choose you will be offered a full refund.
Unless otherwise organised with Atze’s Corner wines, wine will only be sent once payment is received, payment is done through Payment gateways eWay and PayPal, whereby you can pay with your pre-existing PayPal account or with your Visa or MasterCard credit cards.
If our couriers or Australia post can reach you within Australia then we can deliver wine to you, however we cannot deliver to alcohol restricted areas under the liquor act 1992. For details on these areas go tohttp://www.olgr.qld.gov.au/indigenous/alcoholManagementPlans/index.shtml
Refunds and Vouchers
If a carton of wine is received with one or more broken bottles, Atze’s Corner Wines will issue a credit or send replacement bottles.
The Risk of damage, loss or deterioration to the wine passes to the purchaser after delivery.
If for some reason you have ordered the wine and have not yet opened it you can still return the wine and a full refund will also be offered, the case in this situation must still be in a saleable condition, please contact Atze’s Corner Wines directly via email, phone or fax should either of these last 2 point arise and we will do our absolute best to resolve the problem as quickly as possible.
Any circumstances occur which are beyond Atze’s Corner Wines control Atze’s Corner wines will do it’s best to ensure that the customer will be notified of any problems and Atze’s Corner Wines will do it’s best to make sure the customer is looked after professionally and well, if necessary a full refund will be offered in these circumstances.
Any coupons or vouchers offered to the purchaser for redemption are subject to the terms and conditions of that voucher, no vouchers or coupons can be redeemed as cash/credit.
Atze’s Corner Wines always endorses that wine is consumed responsibly and in moderation. Alcohol cannot be sold, passed on or supplied to persons under the age of 18, Atze’s Corner Wines, Direct Sales license No. 51402483 ,Lot 2 Section 134 Research Rd, Nuriootpa, SA, 5355, is subject to laws of the liquor licensing Act 1997.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Atze's Corner Wines, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Atze's Corner Wines and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 451 Research Rd Nuriootpa South Australia AU 5355.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@atzescornerwines.com.au.
----