Terms of service
Terms of Service
Welcome to www.grapescape.com
This website is owned and operated by us, Grapescape Wines Pty Limited ACN 153 693 648.
These Terms of Service outline the terms and conditions upon which you can view, browse and purchase the products described on our website (Services). Purchases of alcohol products are made under LIQP770016665.
- Accepting these Terms of Service
By using our website, you confirm that you accept these Terms of Service and agree to be bound by them.
- Setting up an account
2.1 To purchase products through our website, you can either set up an account with us or check out as a guest.
2.2 If you set up an account, you are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities on or through your account.
2.3 You must notify us immediately of any unauthorised use of your account. We will not be liable for any loss or damage arising in connection with any unauthorised use of your account.
2.4 We may disable, suspend or cancel your account if you fail to comply with your obligations under these Terms of Service.
- Supplying products
3.1 We will supply the products in accordance with these Terms of Service.
3.2 We reserve the right to change or withdraw any products at any time.
3.3 Specials, promotional offers and discounted items may be subject to additional terms and conditions which will be displayed on our website.
3.4 All vouchers, gift certificates and gifts cards are valid for 12 months from date of issue.
3.5 You must ensure that the delivery address specified in your order is complete and accurate. We require a signature for all deliveries.
- Supplying alcohol
4.1 It is against the law to supply alcohol to, or obtain alcohol on behalf of, a person under the age of 18 years.
4.2 If you purchase (or bid in an online auction to purchase) alcohol products through our website, you warrant that:
(a) you are 18 years of age or over; and
(b) any person on behalf of whom you obtain alcohol is 18 years of age or over.
4.3 We will not deliver alcohol to an address outside Australia, nor to any address which is subject to dry zone and alcohol restrictions under applicable law.
4.4 We will not deliver alcohol to (or leave alcohol with) any person under 18 years of age.
- Online auctions
5.1 You may bid at an online auction only if you have a current account. If you check out as a guest, you cannot use the online auction function and can only purchase products on a “buy now” basis.
5.2 By bidding at an online auction, you are offering to buy the product at your bid price. Once you submit a bid, it cannot be withdrawn.
5.3 If you are the winning bidder, you must purchase the product you have bid for and pay the winning bid price and any other fees and charges payable by you, as displayed on our website in connection with the auction.
5.4 If you fail to complete the purchase of the product for which you are the winning bidder within 2 business days of the end of the auction, we may (in our sole discretion and without limiting our remedies at law):
(a) relist the product for sale and recover any shortfall from you;
(b) charge you a cancellation fee of $500; and/or
(c) suspend or cancel your account.
5.5 We are not liable if your bid is not received, processed or accepted as a result of technical difficulties.
- Reviewing products
6.1 You may post a product review on our website only if you have a current account.
6.2 The content you post on our website must not be abusive, defamatory, unlawful, objectionable, misleading, deceptive or infringe anyone’s rights.
6.3 We reserve the right to moderate, edit or remove any of your content.
6.4 By submitting and posting your content (including your name) on our website:
(a) you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, modify, publish, display and distribute your content in connection with the Services (including in newsletters, advertising, marketing and promotional materials); and
(b) you consent to us sharing your content with our partners and suppliers.
- Our website
7.1 You must use our website in accordance with these Terms of Service only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of our website.
7.2 You understand and agree that your use of our website is provided “as is” and “as available”. We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.
7.3 We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. We will not be liable if, for any reason, our website is not available at any time or for any period of time.
7.4 Our website may contain links to third party sites and resources. We have no control over those sites, and will not be liable for any loss or damage you suffer or incur when you use a third party site or resource.
7.5 We own, or are the licensee of, the intellectual property rights in the content of our website, including text, photos, graphic designs and images.
7.6 We provide tasting notes and other information relating to the products on a good faith basis. To the extent permitted by law, we do not make any representation or warranty that such information is reliable, accurate, up-to-date or complete.
- Fees and charges
8.1 The current fees and charges applicable to the products and the associated delivery fees (if any) are displayed on our website.
8.2 You must pay for the products and the associated delivery fees (if any) by using a valid credit card or PayPal.
8.3 You authorise us to charge your credit card or PayPal account for the products you purchase through our website and for any additional amounts incurred in connection with your account.
8.4 If any charge to your credit card or PayPal account is declined, you authorise us to continue to charge your credit card or PayPal account for the outstanding amount, together with any other applicable fees and charges, on or before the next billing cycle, until payment has been received.
8.5 All fees and charges are inclusive of GST, unless otherwise stated. If any fees and charges are stated to be exclusive of GST, you will pay to us any GST payable for any supply by us in connection with this agreement without deduction or set-off. You will make this payment at the time that the fees or charges are due for payment.
8.6 In this clause, GST means any tax, levy, charge or input implemented under the A New Tax System (Goods and Services Tax) Act or an Act of the Parliament of the Commonwealth of Australia substantially in the form of, or which has similar effect to, the GST Act.
9.1 Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website or any content displayed on our website.
9.2 Our liability for breach of a statutory guarantee which cannot be excluded by law is limited, at our option, to either the supply of the products (or equivalent products) again or the payment of the cost of having the products supplied again.
9.3 We exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our website, any products we have supplied, or in connection with any act or omission by us (negligent or otherwise).
9.4 To the extent permitted by law, our aggregate liability in connection with these Terms of Service (including in relation to the supply of any products), whether based on warranty, contract, statute, tort (including negligence) or otherwise, will not exceed:
(a) the fees and charges you have paid to us for the relevant product; or
(b) if the liability does not relate to a product, the sum of $10.
9.5 This clause continues in effect after the termination of this agreement.
- Termination and suspension
10.1 We may disable, suspend or cancel your account and deny you access to our website with notice to you if you fail to remedy a breach of these Terms of Service within 7 days of us providing you with a notice to do so.
10.2 You can cancel your account at any time with written notice to us if we fail to remedy a serious breach within a reasonable time of you providing us with a notice to do so.
10.3 When your account is closed or cancelled for any reason, you will no longer have access to the account.
- General Terms
11.1 We reserve the right to change any or all of these Terms of Service, and/or add new Terms of Service at any time. When we do so, we will make a new copy of these Terms of Service available on our website. Your continued use of our website will be deemed to constitute your acceptance of such changes.
11.2 Notices required to be given under these Terms of Service may be sent by email, by post or in the case of notices we give you, by making the information available on our website.
11.3 These Terms of Service set out the entire agreement between you and us relating to the supply of the goods and/or services described on our website and supersedes all prior discussions and communications.
11.4 There is no relationship of employment, partnership, agency or fiduciaries between you and us.
11.5 This agreement is governed by and construed under the laws of New South Wales.
11.6 Any dispute or difference arising out of these Terms of Service will be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules. The seat of arbitration will be Sydney, Australia. The language of the arbitration will be English. The number of arbitrators will be one.