This Agreement is a contract between “You”, the consumer and Nashvin P/L, trading as Cottontail Wines, (“cottontailwines.com.au”).
Persons under 18 years of age are not permitted
to place orders or purchase alcohol.
Liquor Act 1982:
It is an offence to sell or supply to or to
obtain liquor on behalf of a person under
the age of 18 years
This agreement sets out the terms and conditions under which you may purchase products online from cottontailwines.com.au. Please read the following terms and conditions carefully before placing your order on cottontailwines.com.au. By completing the customer application process and using cottontailwines.com.au service, You agree to be bound by the terms and conditions of this Agreement.
> Functions & Events Conditions – Please scroll down to these conditions below
General Terms and Conditions
2. The Agreement
3. Customer Application
4. Purchase orders and delivery of goods
5. Risk and title
6. Price of goods and payment
7. Out of stocks and substitution
8. Packaging and labelling of goods
10. Intellectual property rights
13. Notification of changes
14. Confidentiality of your information
17. Booking Cancellation Policy & Miscellaneous
18. Wedding Photos Policy
In these Conditions: “Agreement” means an agreement between you the consumer and cottontailwines.com.au to supply Goods. The Agreement consists of the Order and these Conditions.
"Hirer", means the person or company (or their representative), making a booking or reservation for an event or dining for the restaurant
“Conditions” means these Conditions and any agreed written variations.
“Delivery Address” means the address to which the Goods are to be delivered as stated on the Order.
“Goods” means Goods described in an Order and includes packaging.
“Intellectual Property Rights” Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
“Order” means an order by You to purchase Goods from cottontailwines.com.au.
“Product List” means the list of Goods displayed on the cottontailwines.com.au Internet site as amended from time to time.
“Delivery Fee” means the fee payable to cottontailwines.com.au in respect of delivery of the Goods and handling costs associated with processing your order as advised by cottontailwines.com.au
2. THE AGREEMENT
2.1 What is the Agreement?
The entire agreement between You and cottontailwines.com.au for the purchase of Goods by You from cottontailwines.com.au is:
(a) these Conditions; and (b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between You and cottontailwines.com.au once cottontailwines.com.au receives and accepts an order. No obligation to sell or supply the Goods will arise until the order is received and accepted.
2.3 Each Order is a separate agreement.
3. CUSTOMER APPLICATION
3.1 Application to be completed
You must complete a customer application before placing an Order for Goods on cottontailwines.com.au. You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform cottontailwines.com.au if there is any change to this information or data.
3.2 Set up costs
You are responsible for any costs associated with accessing the cottontailwines.com.au site and placing orders for Goods on cottontailwines.com.au including any Internet provider fees.
3.3 Delivery area
In order to purchase Goods from cottontailwines.com.au, the Delivery Address that You nominate will need to be within an area where cottontailwines.com.au provides delivery services.
cottontailwines.com.au will advise You if the Delivery Address, which You nominate, is not in the delivery area where cottontailwines.com.au delivers goods. cottontailwines.com.au will not be obliged to continue to deliver Goods to You if You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which cottontailwines.com.au delivers goods.
4. PURCHASE ORDERS AND DELIVERY OF GOODS
All order placed via this website are at the discretion of Harefield Ridge Wines.
4.2 Delivery of the Goods
cottontailwines.com.au will deliver the Goods to You at the Delivery Address during the authorized licensed trading hours. cottontailwines.com.au may obtain authorization via fax or e-mail transmission to deliver goods to the address supplied without obtaining a receipt of goods delivered, if instructed to do so by the authorized Order purchaser(You).
cottontailwines.com.au, will not take any responsibility for products that are delivered incorrectly or damaged. cottontailwines.com.au will take no responsibility for incorrect delivery details provided by You or any liability for goods not received at the delivery address upon correct receipt of delivered Order.
4.3 Authorized receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed by cottontailwines.com.au to be authorized to receive the Goods. cottontailwines.com.au may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age and sign his/her name for receipt of receiving the Goods. cottontailwines.com.au, (persons acting on behalf of (cottontailwines.com.au) in capacity of delivery courier) will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years of age. If the Order specifies special instructions for delivery then cottontailwines.com.au and it’s subsidiary companies will adhere to those specific instructions to its ability within the bounds of legal and ethical ramifications. cottontailwines.com.au accepts no responsibility for incorrect delivery of goods due to unlawful use of credit card, payment details. It is the Purchasers, (You), responsibility that credit details and pass-codes are kept private and confidential to prevent any unlawful use.
4.5 Change of Delivery address.
If You the consumer fail to notify cottontailwines.com.au of changes to current delivery address upon receipt of goods, cottontailwines.com.au is not to be responsible for incorrect delivery of Goods. You then are liable for all costs, return of Goods , transportation, and refunding of delivered Goods.
4.7 Delivery Time Frames.
All delivery time frames quoted on this web site are a guide only and actual delivery times may vary. While we will undertake to deliver goods ordered in a prompt and timely fashion, we take no responsibility for delays in delivery caused by our suppliers. By ordering on this site you acknowledge that a risk exists that an order will not be delivered within the time frame quoted.
5. RISK AND TITLE
5.1 Risk and Title
Risk in the Goods passes to You upon delivery of the Goods to the Delivery Address.
5.2 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have purchased, You may email cottontailwines.com.au via the contact page and a cottontailwines.com.au representative will assess Your request for a credit, replacement or refund of the purchased damaged or incorrect product.
6. PRICE OF GOODS AND PAYMENT
6.1 Price of Goods
Subject to clause 6.2 the price You shall pay for the Goods shall be the price specified on the Product List. You also agree to pay the Delivery and Handling Fee in respect of each Order.
cottontailwines.com.au’s prices are subject to variation on a daily basis. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.
6.3 Method of payment
(a) Payment upon Delivery of Goods, You shall pay for the Goods at the time of sending your order. You may use your credit card (Bankcard, MasterCard, Visa card, American Express and Diner’s Club). cottontailwines.com.au does not accept cash payment for the Goods.
(b) You may make an application to set up a corporate customer account. Upon acceptance of your application You will be required to sign terms and conditions, which will include details of acceptable payment methods.
7. OUT OF STOCKS AND SUBSTITUTION
7.1 No credits.
cottontailwines.com.au will not provide credits in respect of Goods ordered by You.
7.2 Substitution policy
cottontailwines.com.au will use its best endeavours to ensure that all Goods ordered by You (and any agreed substitutes) are supplied to You. In the event that Goods ordered by You are not available cottontailwines.com.au will whenever possible offer you a comparable product at equal or greater value.
8. PACKAGING AND LABELLING OF GOODS
cottontailwines.com.au aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product list may differ from the Goods actually supplied to You. cottontailwines.com.au does not warrant the accuracy of the information contained in the Product List and recommends that You read the labels on Goods carefully before consuming the Goods. All information, labelling, text, graphics, pictures, logos, and any other form of advertising including bottles and company logos are deemed public assess and are available to consumers from product bottle descriptions and merchandise readily available upon purchase of the respective product. cottontailwines.com.au accepts no liability for incorrect information or picture graphics supplied and does not represent the companies or distribution companies associated.
You are licensed to install cottontailwines.com.au on your computer for Your use in purchasing Goods from cottontailwines.com.au. You acknowledge that you are not permitted to make any other use of or copyright information, text, or graphics from cottontailwines.com.au unless given prior written authorization by cottontailwines.com.au.
10. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that cottontailwines.com.au and its related companies own or are licensed to use all Intellectual Property Rights in cottontailwines.com.au (including, but not limited to, any images, photographs or text, which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy cottontailwines.com.au in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You agree to indemnify cottontailwines.com.au and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including any and all attorneys’ fees) that may arise from your submissions, and from your unauthorized use of material obtained through cottontailwines.com.au, from your breach of this Policy, or from any such acts arising through your use of cottontailwines.com.au.
You acknowledge that any trademarks or logos which appear on the cottontailwines.com.au site are owned by or licensed to cottontailwines.com.au or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
You acknowledge that cottontailwines.com.au is provided “as is site” and that cottontailwines.com.au is not making and has not made any warranty or representation as to cottontailwines.com.au’s suitability for any particular purpose. You agree that in using cottontailwines.com.au, You are not relying on any statement or representation made by cottontailwines.com.au that is not expressly contained in this Agreement.
You agree that any liability of cottontailwines.com.au arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of cottontailwines.com.au (other than a condition or warranty implied by legislation which does not permit cottontailwines.com.au ‘s suitability to be limited as stated in this clause 11.2) will, at the election of cottontailwines.com.au be limited to:
(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods;
(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
11.3 You agree that the entire risk arising out of installation, down loading, use or performance of cottontailwines.com.au remains with You. To the extent permitted by law, You release and discharge cottontailwines.com.au and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with cottontailwines.com.au or this Agreement, including, without limitation, loss or damage caused by the negligence of cottontailwines.com.au or its related corporations.
You agree to take responsibility for the safekeeping of your credit details and pin codes. You are liable if any unauthorized persons use your Credit Card and passcodes. You agree to release and indemnify cottontailwines.com.au in relation to any liability arising out of the unauthorized use of your credit card and passcodes.
13. NOTIFICATION OF CHANGES
cottontailwines.com.au may add to, delete, or otherwise change any of the terms of this Agreement without notice. Your use of the cottontailwines.com.au services will be bound by the Terms and Conditions, prices, and other information present on the date of your use.
14. CONFIDENTIALITY OF YOUR INFORMATION
cottontailwines.com.au reserves the right to disclose information regarding cottontailwines.com.au members and use of the cottontailwines.com.au service to third parties providing that the information will not specifically identify You or any personal information supplied by You. cottontailwines.com.au also reserves the right to disclose information regarding cottontailwines.com.au members and use of the cottontailwines.com.au service, including personal information if we consider it necessary to comply with law or to protect the rights and property of Harefield Ridge Wines or others.
cottontailwines.com.au may terminate this Agreement at any time by delivering notice (as specified in clause 16) or by sending You a system message, (e-mail notification) advising that your shopping privileges have been removed. If this occurs, please contact cottontailwines.com.au
Termination of this Agreement shall be effective on the day notice is received and recorded or such later date as specified in the notice.
cottontailwines.com.au may give notice to You by electronic mail or by conventional mail to your address contained in the membership registration information, provided by You.
17.1 Provisions are severable.
Each provision of this Agreement (including these Conditions) is severable. Severance does not affect any other provisions.
New South Wales Liquor Law applies to cottontailwines.com.au.
Functions, Events & Restaurant Conditions
Please Note: an initial non-refundable deposit & booking form must be completed to secure the date for all weddings, no exceptions
1.1 The company shall hold a provisional booking for a maximum of 14 days until the company receives written Confirmation of Booking. Thereafter the Company reserves the right to cancel the Provisional
1.2 A minimum surcharge of 15% will apply to any days gazetted as a Public Holiday in New South Wales. Any prices quoted for Functions or Events are subject to the Public Holiday Surcharge.
1.3 Upon confirmation of Booking the Client must agree with the company a guaranteed minimum number of guests. All bookings with over 12 guests must pay a deposit, to guarantee any prices quoted. A booking Form should be completed & signed to guarantee pricing & confirmation of dates.
Restaurant Cancellation Policy.
1.4 A Credit Card & Expiry Date will be requested to confirm & guarantee any restaurant booking by the "Hirer". Please note that a cancellation fee of $25.00 per adult & $15.00 per child (under 12), may be applied to any booking that does not give at least 48 hours cancellation notice via email to our firstname.lastname@example.org email address, & will be paid by the "Hirer".
2.1 The Company will require the Hirer to pay a deposit on confirmation of Booking, subject to 1.3 & 1.4 above;
2.2 A payment request for the total charge of an event will be issued by the company for the total balance payable, which must be settled by the client within 14 days of the date of the request or prior to the event, whichever is earlier. Should the payment request be outstanding more than 14 days from the date of the request or remain outstanding on the date of the event, the Company may treat the Confirmed Booking as being cancelled by the client. The Company reserves the right to retain any payments previously made by the client in relation to the specific event;
2.3 Any Payment Request or Invoice issued by the company will be payable within 14 days of receipt. All payment Requests and Invoices must be paid in full without any set off whatsoever;
2.4 The Company reserves the right to charge interest at the rate of 0.75% per month on all overdue amounts.
3.1 In the event that the company receives written notice cancelling the Confirmed Booking from the hirer, the hirer shall pay to the company a cancellation fee calculated as follows:
3.1.1 The total charge if notice of cancellation is received by the Company less than 14 days prior to the commencement of the event;
3.1.2 50% of the Total Charge if notice of cancellation is received by the Company between 28 days and 14 days prior to the commencement of the event.
3.1.3 30% of the Total Charge if notice of cancellation is received by the Company between 56 days and 28 days prior to the commencement of the event.
3.2 In the event that a Hirer reduces the number of guests to below the Agreed Guaranteed Minimum, then cancellation charges to the value of the reduction shall apply as detailed in clause 3.1.
3.3 In the event that the Hirer cancels a booking that the company has made on its behalf, for entertainment, car hire, accommodation, equipment or otherwise, all cancellation charges shall be met by the client.
4.1 The Hirer must notify the Company in writing of its estimates of final numbers to the nearest 10 Guests 14 days before the commencement of the event; and
4.2 Final numbers of guests must be given seven (7) working days before commencement of the event. If this is not done, the Hirer will be charged for the last number the company received, the Guaranteed Minimum or the actual number of Guests whichever is greater.
4.3 The Company cannot guarantee to supply service to the numbers of Guests arriving at an event in excess of those agreed as Guaranteed Minimum Numbers.
Conduct of Guests.
5.1 The client shall be responsible for the orderly conduct of the Event and shall ensure that nothing shall be done which may constitute a breach of the law or in any way cause a nuisance or be an infringement of or occasion or render possible forfeiture or endorsement of any license for the sale of alcohol or for music and dancing. Failure to do so shall entitle the Company to require the offending individual(s) to leave the Event and shall constitute a breach of these Terms And Conditions Of Trading.
6.1 The Hirer will be responsible for any damage to the property of the Company caused by it or its Guests during the event.
7.1 The Hirer shall indemnify the Company and its directors, officers and employees against all charges, claims, damage, liabilities, proceedings, demands, fines, fees, costs, or expenses (to include legal expenses on a solicitor and own client basis) including but not limited to, loss or goodwill, loss of profit and loss of opportunity suffered by the company directly and indirectly as a result of any breach of these terms and conditions of trading and/or the negligence of wilful default of the client or any of its guests.
8.1 The Company may rescind its contract with the Hirer if it is prevented, hindered or delayed from performing any of its obligations under the contract by a Force Majeure Event.
Wedding Photo Policy.
9.1 Cottontails have the right to request that up to 6 photos taken at our venue or property grounds are supplied for our use. This may include any Marketing or Social Media requirements, If photos are not provided when requested, then our policy requires a payment of $300.00 per event by the "Hirer".