Terms of Sale
Disclosures under Fair Trading Act 1987 (NSW)
Please ensure you carefully review the Terms and Conditions below which apply to the sale of products through the St Hallett website, in particular:
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1. Why are these terms and conditions important?
By submitting an order for any wine to St Hallett, you agree to be bound by these terms and conditions. An agreement is formed when St Hallett accepts your order in accordance with these terms and conditions.
You may only purchase alcohol from St Hallett if you are aged 18 or above. St Hallett supports the responsible service of alcohol.
2. How do I register and set up my account?
You may only purchase wine directly from St Hallett if you have a registered account. This requires you to register your name and contact details with St Hallett. You can do this on our website or by contacting us by telephone on (08) 8563 7000.
Where you have a user name and password as a part of your account registration with us, you are responsible for keeping your username and password secure. We will assume that anyone using your username and password is authorised by you.
You must not use false or misleading information when registering your account details. You are also responsible for updating your details if they change. St Hallett is not responsible for any loss or damage you may suffer because you have not provided accurate, complete and up to date information.
3. How can I place an order?
You can place an order to purchase wine from St Hallett by:
- selecting wine on our website and completing and submitting the online order form (including valid credit card details);
- selecting wine on our website or as otherwise advertised and instructing St Hallett by telephone or email that you wish to purchase the wine, and providing the requested information (including your name, email, delivery address and valid credit card details);
- completing an order form which you have downloaded or received in the mail and posting that order form to St Hallett Winery, St Hallett Road, Tanunda 5352, South Australia or faxing that order form to (08) 8563 7001; or
- completing an order via telephone with one of our telesales staff.
You agree that you will not resell any wine purchased from St Hallett.
4. How do I pay?
Unless stated otherwise, all prices shown on our website, in St Hallett brochures or other communications from St Hallett are in Australian dollars.
You must pay for wine at the time you place your order. You may pay using a MasterCard or a Visa. In addition to the price of the wine, you must pay the specified delivery charges and all taxes, including wine and services tax, which St Hallett is required to collect from you.
St Hallett will deduct all amounts owing at the time of processing your order. If we are unable to deduct from your credit card the total amount owing to us in one transaction, we may process any number of transactions on your credit card until the total amount owed to us is paid.
Prices shown on our website, in St Hallett brochures or other communications (except direct mail to you) are subject to variation without notice to you. St Hallett will, however, honour any price advertised on our website, in St Hallett brochures or other communications unless the price advertised is the result of an error by St Hallett or any of its agents, employees or subcontractors.
5. How will my wine be delivered?
Wine purchased from St Hallett can only be delivered to persons aged 18 or above. Our couriers reserve the right to request photographic ID before handing over any wine. If the recipient is unable to produce appropriate ID upon request, the wine will not be delivered.
In some cases, we may agree to delivery using the Authority to Leave option. This means that the wine will be left on your premises in a safe place or else a card will be left for you to collect the wine from your nearest Post Office. If we accept your request for delivery using the Authority to Leave option and there are persons at your premises who cannot provide proof of age ID at the time of delivery, the wine will not be left at your premises and instead will be available for collection from your nearest Post Office subject to presentation of valid ID. St Hallett and its contractors associated with the delivery do not accept responsibility for any loss or damage which results from the Authority to Leave delivery method. You agree to release St Hallett from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, suffered or incurred by you or any other person or entity as a result of using the Authority to Leave delivery method.
St Hallett is licensed to sell alcohol to Australian residents and can only deliver alcohol to addresses located in Australia. St Hallett accepts no responsibility for any arrangements made by you for the delivery of alcohol outside of Australia.
Delivery of alcohol into certain areas in Australia is restricted. For example, St Hallett will not deliver alcohol to the following postcodes in Queensland:
Aurukun Postcode – 4871, Bamaga Postcode – 4876, Cherbourg Postcode – 4605, Doomadgee Postcode 4830, Hope Vale Postcode – 4871, Injinoo Map Postcode – 4876, Kowanyama Postcode – 4871, Lockhart River Postcode – 4871, Mapoon Postcode – 4871, Mornington Island Postcode – 4825, Napranum Postcode – 4874, New Mapoon Postcode – 4876, Palm Island Postcode – 4816, Pormpuraaw Postcode – 4871, Seisia Postcode – 4876, Umagico Postcode – 4876, Woorabinda Postcode – 4713, Wujal Wujal Postcode – 4873 and Yarrabah Postcode – 4871. These areas may be modified or added to from time to time.
Wine will be delivered using the Wine Delivery Australia service, the Australia Post eParcel service will be used if a PO Box is selected as the delivery address.. Depending on your location within Australia, the delivery time will usually be within 10 working days from the time we process your order. Deliveries are normally made between Monday and Friday, 9.00am and 5.00pm.
If you are not available to accept delivery (and we have not otherwise agreed to delivery using the Authority to Leave option), the courier will leave a note for later collection from your nearest distribution centre. The distribution centre will only release the wine upon presentation of identification that corresponds to the name of the consignee. If the order is not collected within the timeframe notified to you by Wine Delivery, it will be returned to St Hallett's distribution centre. If re-delivery is required, you will be responsible for any charges incurred in re-delivering the wine to you.
St Hallett accepts no responsibility for deliveries to incorrect or incomplete addresses provided by customers. If you provide an incorrect address and delivery is completed, you will be responsible for the purchase. If you provide an incorrect address and delivery is not completed, the order will be returned to St Hallett's distribution centre and you will be responsible for any charges incurred in re-delivering the wine to the correct address.
Risk and title in wine purchased from St Hallett will pass to you upon delivery of the wine at your nominated delivery address. St Hallett accepts no responsibility for damage caused to wine after delivery.
6. Heat Policy
As heat is detrimental to wine quality we recommend that wine not be sent when the temperature exceeds 35 degrees celsius between St Hallett and the destination. All orders will be held until the Bureau of Meteorology forecasts temperatures lower than 35°C for the transit period.
7. What if I want to return or seek a refund for wine I have ordered?
In the event that wine is damaged during transit or appear to not be of acceptable quality, you must, within 14 business days of delivery of the wine, provide St Hallett with written notice to firstname.lastname@example.org giving reasonable particulars of the alleged damage or quality issue. You acknowledge and agree that no claim will be accepted by St Hallett (or any of its agents) for any damage to the wine which occurred during transit or for any wines that are not of acceptable quality where written notice is not provided within this period. On accepting your claim, St Hallett will at its discretion replace or refund the wine and pay for any additional delivery charges. Other than in the circumstances set out in this section, and subject to any rights you may have under applicable laws (including the Australian Consumer Law), St Hallett will not be obliged to accept any return or make any refunds to you in respect of the wine, including but not limited to a change of mind by you.
8. What if the wine I have ordered is out of stock?
All wines are sold on a while stocks last basis. If a specific vintage is out of stock but we have an alternative vintage, we will provide you with the alternative vintage. Otherwise, we will contact you if any wines ordered are out of stock.
9. How has St Hallett limited its liability?
As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law (Consumer Rights), which cannot be excluded or limited by St Hallett. Your Consumer Rights include statutory guarantees that any wine supplied to you will be of an acceptable quality, and will be fit for any notified purpose. Nothing in these terms and conditions is intended to exclude, restrict or modify your Consumer Rights.
However, to the extent that it is permitted by law to do so, St Hallett makes no representations or warranties, express or implied, other than those implied under the Australian Consumer Law, with respect to the availability, performance, security, characteristics or operation of the wine offered by St Hallett and will not be responsible for breach of any such representations or warranties.
To the full extent permitted by law, St Hallett limits its liability for a breach of your Consumer Rights, at the option of St Hallett, to:
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
- in the case of wine, the replacement of the wine or the supply of equivalent wine, the repair of such wine, the payment of the cost of replacing the wine or acquiring equivalent wine, or the payment of the cost of having the wine repaired.
To the full extent permitted by law, St Hallett will not be responsible for any loss or damage that was not foreseeable to both parties at the time of entry into these terms and conditions or for any indirect or consequential loss or damage, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
10. What changes can St Hallett make to the terms?
St Hallett may amend these terms and conditions from time to time and will display any amendments on its website. You should regularly check the terms and conditions displayed on the website.
If St Hallett decides to amend these terms and conditions in a way that it reasonably considers will substantially and adversely affect your rights, St Hallett will give you notice by electronic mail or by regular mail to the address provided by you in your account settings. Your submission of an order for any wine to St Hallett following receipt of such notice will constitute acceptance of the changes to these terms and conditions.
11. How will St Hallett use my personal information?
12. How do I communicate with St Hallett?
If you have a complaint or query, you can contact us by using any of the contact information set out below:
Postal address: St Hallett Winery, St Hallett Road, Tanunda 5352, South Australia
Phone: (08) 8563 7000
Fax: (08) 8563 7001
Calls from landlines in Australia are charged at local call rates. Calls from mobile phones may attract a higher rate. You will be billed by your telephone service provider and should direct all questions regarding call charges to that provider.
13. What else should I know?
We can transfer our rights and obligations under these terms and conditions to any third party provided this does not affect your rights under these terms and conditions in a negative way.
These terms and conditions are personal to you. You may not transfer your rights or obligations under these terms and conditions to anyone else.
These terms and conditions shall be governed by the laws of NSW and the parties submit to the non-exclusive jurisdiction of the courts of NSW.