Terms and Conditions - The Wine Doctor

Terms and Conditions

Terms of Use for Website

These terms of use (Terms) govern your use of https://www.thewinedoctor.com.au and all related sites, including all copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content). Please read these Terms carefully. BY USING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS. You must not use the Website if you do not agree with these Terms.

 

  1. Ownership

The Website and all Content is operated and owned by Nutrition & Weight Loss Company Pty Ltd (ABN 84601212453) trading as The Wine Doctor.

 

  1. Use of Website

You must not:

  • by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
  • do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;
  • breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
  • interfere with any other persons use or enjoyment of the Website;
  • post, or transmit to the Website any abusive, obscene, defamatory, or otherwise inappropriate material;
  • use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the Website, or to reproduce or separately store or use such Content;
  • use the Website or any Content in any way that is unlawful, illegal or breaches the rights of The Wine Doctor or any third party; and
  • use the Website in any way that otherwise breaches these Terms.

In addition to these Terms, The Wine Doctor Privacy policy applies to the Use of the Website and various parts of the Website are subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.

 

  1. Product Reviews

The Website may allow you to provide personal comments on selected products. In doing so:

  • your comments must reflect your genuinely held opinion of the product;
  • your comments must not be obscene, abusive, illegal, threatening, defamatory, objectionable, invasive of privacy, injurious to third parties or be misleading as to the origin of the content;
  • your comments must not infringe the intellectual property rights of a third party;
  • you must not use a false email address or impersonate any person or entity; and
  • you acknowledge that we may remove or edit your comments.

If you provide comment on a product, you grant The Wine Doctor and relevant third parties the right to use and display your comments for any purpose in relation to the product throughout the world.

 

  1. Limitation of Liability

The Wine Doctor does not warrant or guarantee:

  • the accuracy or completeness of any information available on the Website;
  • that access to the Website will be uninterrupted or error free;
  • that any defects will be corrected immediately; or
  • that the Website will be free from viruses or other contamination.

Except where prohibited by law, The Wine Doctor will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk. Nothing in these Terms limits your rights under Australian Consumer Law.

Your use of and browsing in the site and/or purchasing and this service is at your risk. The Wine Doctor, nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site or service or product. Without limiting the foregoing, everything on the site and included in the service and product is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of Merchantability, fitness for a particular purpose, or non-infringement.

 

  1. Termination of Use

You may stop using the Website at any time for any reason.

The Wine Doctor reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.

The Wine Doctor may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. The Wine Doctor reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.

 

  1. Variation to Terms

The Wine Doctor may vary these Terms at any time, and by continuing to use the Website you consent to any variations. The Wine Doctor will not notify you of these variations and it is your responsibility to regularly check these Terms for any variations.

 

Customer Agreement

This Agreement is a contract between you and The Wine Doctor. It sets out how you can purchase goods online from The Wine Doctor. By completing the customer application process and purchasing goods online from The Wine Doctor, you are bound by this Agreement.

All online orders of liquor from The Wine Doctor are processed and distributed by The Wine Doctor and the Licensee entities referenced and in accordance with Liquor License No. LIQW880010308.

 

  1. INTERPRETATION

In these Terms:

Agreement is an agreement between you and The Wine Doctor to supply the Goods, and consists of the Order and these Terms,

Click & Order means the Order you place using our buy now option available on the Website,

Delivery Address is the address where the Goods are to be delivered as stated on the Order,

Delivery Fee is the fee payable to The Wine Doctor for delivery of the Goods to your Delivery Address and handling and other costs associated with processing your Order. Fees and conditions may vary depending on your location and the delivery option you select.

Goods are items in an Order, and include packaging,

Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information,

Order(s) is an order(s) by you to purchase the Goods from The Wine Doctor and includes any order made using the Website, by telephone to The Wine Doctor.

Personal Details includes your name, the Delivery Address and payment details,

Product List is the list of Goods displayed on the Website,

Terms means these terms, and any additions or variations, and

Website includes without limitation www.thewinedoctor.com.au

 

  1. THE AGREEMENT

An Agreement exists between you and The Wine Doctor, once The Wine Doctor receives and accepts, The Wine Doctor has no obligation to supply the Goods until the Order has been accepted. Each Order may be accepted by The Wine Doctor at its absolute discretion and The Wine Doctor expressly reserves the right to limit sales to reasonable quantities as determined at the sole discretion of The Wine Doctor. Each Order generates a separate Agreement. Persons under 18 years of age are not permitted to place an Order.

 

  1. CUSTOMER APPLICATION

Accurate information: Information provided by you in the Order must be accurate and complete. You must inform The Wine Doctor if there’s a change to your details.

Delivery area: Orders for delivery to addresses that are not in The Wine Doctor delivery area cannot be processed. We’ll let you know if your Delivery Address is not in an area where The Wine Doctor delivers Goods for any delivery option.

Date of birth: Your date of birth may be required by relevant State or Territory liquor licensing laws. You may be required to provide this information truthfully at the time of registration or placing your Order.

Business Customers: Customers wishing to set up a business account can email help@thewinedoctor.com.au customers will be bound by these Terms, but will also be bound by the additional terms specific to business customers that will be provided at the time of setting up a business account.

 

  1. ORDERS and DELIVERY

Age: It is against the law for The Wine Doctor or you to sell or supply liquor to, or obtain liquor on behalf of, a person under the age of 18 years. In placing the Order, you warrant to The Wine Doctor that:

  1. You are over the age of 18 years and will produce evidence of age to the satisfaction of The Wine Doctor when requested at the time of delivery,
    b. Any person that you are obtaining the Goods for, or supply the Goods to, is over the age of 18 years, and
    c. You will not take or supply any part of your Order to any liquor-restricted area or community.
  2. Changes to or cancellations of Orders: If you need to make changes to or cancel your Order, contact us at help@thewindedoctor.com.au and we can discuss options with you. We may also cancel the whole or part of your Order before delivery if your Order is in breach of this Agreement or the law.

Delivery: The Wine Doctor will dispatch goods ordered to the Delivery Address provided within 2 days of recieving your order. While we will make our best effort to deliver within the time agreed with you, events beyond our reasonable control may occur from time to time which means that these delivery times may not be met. If this occurs, we will endeavor to contact you to arrange an alternative delivery time.

The Wine Doctor will not commit to delivery beyond the front door of your home or office building. Front door means the front door or a point beyond which entry into the interior of the building occurs. If you request The Wine Doctor deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless The Wine Doctor (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door. Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

If no-one is home, our carrier partners reserve the right to not complete deliveries and leave collection notification. This may be through orders not limited to;
– Driver concern of minor’s present in local vicinity
– Inability for recipient to present adequate proof of age
– Unclear instructions authorising delivery

Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by The Wine Doctor to be authorised to receive the Goods. If the Order includes liquor or other products where there is a minimum age required to purchase, you must ensure that a person over the age of 18 years is available to accept these Goods.

Delivery of liquor will be subject to liquor licensing requirements and will not be made to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or deemed to be unsuitable.

The Order contains liquor, The Wine Doctor may request evidence that the person collecting the Order is 18 years or older. If the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age, or we believe that they are acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they are under 18 years of age), The Wine Doctor may refuse to deliver the Goods. The Wine Doctor may refuse to provide liquor to a person who is intoxicated or disorderly.

Additional delivery fee: If there is no one at the Delivery Address or no one of appropriate age and suitability to receive, sign and pay for the Order when the Goods are delivered, the Goods will not be left at the Delivery Address. Where this occurs, we will endeavor to contact you to discuss options for re-delivery and an additional delivery fee may apply.

Minimum order value: We reserve the right to set a minimum order value.

Order limits: Limits may apply to all Orders at the discretion of The Wine Doctor which may be for example 60 units of wine.

Product availability: Due to liquor licensing restrictions, certain Goods will not be available for sale in some areas. The Wine Doctor reserves the right not to sell certain Goods to any person to which, or in any location where, the sale of certain Goods is restricted or prohibited whether by law or otherwise.

 

  1. RISK AND TITLE IN THE GOODS

Risk in the Goods passes to you upon delivery at the Delivery Address point. Title in the Goods passes to you upon cleared payment in full by you to The Wine Doctor.

 

  1. RETURNS AND REFUNDS

You can return the Goods or make a claim for a refund if:

  1. you believe that Goods we charged you for were not provided, or
    b. there is a fault or defect with the Goods you have purchased.
    Any returned Goods will be refunded using the same method of payment and price as the original transaction and must:
  2. be returned within 28 days of purchase,
    b. be unopened,
    c. be in a re-saleable condition, and
    d. where purchased in carton form, be returned as full cartons.

Contact us on help@thewinedoctor.com.au and a customer service representative will assess your request to return the Goods or arrange a refund of the purchase price or for the Goods to be collected. Goods may be accepted for return at the absolute discretion of The Wine Doctor. For all returns and refunds, you must provide evidence of purchase.

Refunds will not be accepted regarding the purchasers likes or dislikes of taste of product.

Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this section 6, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You’re also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

  1. PRICE OF GOODS AND PAYMENT

Delivery Fee: If required by The Wine Doctor, you must pay the Delivery Fee for each Order with The Wine Doctor. You acknowledge that the Delivery Fee may not be refundable.

Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and as appears on the Order confirmation, except:
a. if a Good is out of stock, in which case you won’t be charged for that Good,

  1. if you modify your Order, in which case all prices will update to the then-current prices.

Pricing and product information errors: The Wine Doctor reserves the right to amend any pricing or product information errors displayed due to human error, computer malfunction or other reason. The Wine Doctor will notify you if it becomes aware of any error in pricing or material error in product information and you may elect to not purchase any Goods where the price or product information has been corrected.
a. All prices are Australian dollars and are inclusive of GST.
b. The total of your order and your delivery fees are estimated once your delivery details are provided in the checkout.
c. Product prices for products listed on the website are applicable to online purchases only.
d. Promotional offers and prices are as stated, with no further discounts available.
e. Prices are subject to variation – all current prices are displayed with the product.

Tax invoice: Before or upon delivery of the Goods, well provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.

Method of payment: You shall pay for the Goods at the time of purchase. You may use your credit card (Mastercard, Visa) and PayPal.

 

  1. PACKAGING AND LABELLING OF GOODS

The Wine Doctor aims to provide up-to-date pictures and details of the Goods on the Website. At times, the picture or details of the Goods may differ from the Goods supplied to you. The Wine Doctor does not warrant the accuracy of the information contained on the Website, any descriptions or pictures, and recommends that you read labels carefully before consuming Goods.

 

  1. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that The Wine Doctor or its related corporations own or are licensed to use all Intellectual Property Rights in The Wine Doctor, including any images, photographs or text that appears on the Website. You must not make any representation to the contrary and you must not use or copy The Wine Doctor in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Website are owned by or licensed to The Wine Doctor or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.

 

  1. LIABILITY

10.1 The Wine Doctor will use reasonable care and skill in fulfilling the Orders.

10.2 We are responsible for loss suffered by you as a result of:
a. our negligence if it causes personal injury or death, or
b. a serious breach of this Agreement by us, if that loss was reasonably foreseeable at the time.

10.3 Subject to clause 10.2 and to the extent permitted by law, you release and discharge The Wine Doctor 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 of 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 The Wine Doctor or this Agreement (including the installation, downloading, use or performance of any software related to the Website).

10.4 Provided that it is fair and reasonable to do so, any liability by The Wine Doctor resulting from a breach of warranty (express or implied) will be limited as follows:
a. If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods, or
b. If the breach relates to services, to the re-supply of the services or the cost of having the services supplied again.

10.5 The limitations in clause

10.6 do not apply to any condition or warranty implied by legislation that does not permit the liability of The Wine Doctor to be limited.

10.7 No person should rely on the contents of any of the information, products or services on this website without first obtaining advice from a qualified health professional. No person should act on any information, products or services provided before they have formed their own opinion through investigation and research as to the suitability of the information, products or services for their circumstances.

 

  1. USE OF THE WEBSITE

You may only use the Website for personal, non-commercial purposes unless The Wine Doctor provides express written consent to the contrary. Your use of the Website is governed by the terms of use for Website which can be viewed at – Terms of Use for Website.

 

  1. USERNAME AND PASSWORD

You are responsible for the safekeeping of your user name and password. You are liable if your account is misused by an unauthorised person.

 

  1. NOTIFICATION OF CHANGES

The Wine Doctor may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided. Any Order placed by you after notice will constitute your deemed acceptance of such changes.

 

  1. PRIVACY AND SECURITY

For details on The Wine Doctors commitment to your privacy, please refer to our Privacy Policy.

 

  1. TERMINATION

The Wine Doctor may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 2) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. The Wine Doctor may remove anyone from the system or refuse to deliver to an address at any time. You may cease placing orders at The Wine Doctor at any time.

 

  1. NOTICES

The Wine Doctor may give notice to you by email, conventional mail or notice on the Website. You may give notice to The Wine Doctor by email to help@thewinedoctor.com.au

 

  1. SEVERABILITY

Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.

 

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