Terms and Conditions
Black Swan Winery & Restaurant Direct website – terms and conditions of use and purchase
1. Terms and conditions of using and purchasing via blackswanwines.com.au (Website)
- blackswanwines.com.au is operated by Black Swan Wines PTY LTD ABN 59 009 406 544(We, Our, Us).
- Purchases of alcohol products made through blackswanwines.com.au are made under:
- Western Australia Licence No. 6180086686; Lot 6 Cnr of Forest Rd & West Swan Rd, Henley Brook WA.
- By visiting and using blackswanwines.com.au you accept and agree to be bound by the following Website Terms and Conditions of Use (Website Terms). If you do not accept these Website Terms, please do not use the Website.
- Purchasing via blackswanwines.com.au:
- It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
- If you purchase products via blackswanwines.com.au, you warrant to us that:
- you are over the age of 18 years; and
- any person that you are obtaining the products for, or supply the products to, is over the age of 18 years.
- If you purchase any products from Us through the Website (including but not limited to signing up for one of Our regular delivery programs or any one-off purchase of products), additional terms and conditions may apply. These additional terms and conditions will be displayed with the product or offer.
- Where a wine vintage is not available, another vintage may be substituted.
- If products ordered by you are not in stock, whenever possible, We will offer you a comparable product of equal or greater value.
- All specials, promotions, clearances, offers and discounted items advertised on the Website are available only while stocks last unless otherwise advertised. Promotions may not be available in all areas.
- All prices are in Australian dollars and are inclusive of GST. Pricing may vary based on the state your order is being delivered to. The total of your order and your delivery fees are estimated until you delivery details are provided in the checkout. Promotional offers and prices are as stated, with no further discounts available. You agree to pay the price of the products specified on the Website or quoted to you by our Customer Service agents over the phone. You also agree to pay the delivery and handling fee (when applicable) in respect of each order and all taxes, including goods and services tax. We reserve the right to vary prices on the Website without notice. The price payable for the product is the price applicable on the date the products are confirmed as ordered. We endeavour to ensure all prices displayed are correct but occasionally an error may occur. If we discover a pricing error we will notify you.
- Credit card payments are accepted as payment for orders of products. Cheques, money orders and cash are not accepted methods of payment. Payment must be cleared before products are despatched.
- We are confident that our products represent good value for money and We guarantee every product you buy. If you are unhappy with a purchase you must notify us within two weeks of receiving it. We will arrange refund the purchase price. The product must be returned in their original condition with the original packing slip and securely wrapped. Delivery costs will only be refunded if the product shipped is a result of our error. Nothing in our returns policy affects your consumer right to remedies for faulty goods under the Australian Consumer Law.
- If you owe money to blackswanwines.com.au under an agreement, blackswanwines.com.au may set-off that money against any money that you owe to blackswanwines.com.au under another agreement.
- The Delivery Address which you nominate needs to be within a location where blackswanwines.com.au provides delivery services. We will advise you if the Delivery Address which you nominate ceases to be in an area where blackswanwines.com.au delivers goods. We 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 We deliver goods.
- If there is no-one at the Delivery Address or no-one over the age of 18 to receive the order when the order is delivered blackswanwines.com.au may charge you and you may be required to pay an additional fee.
- Risk in the goods passes to you once the goods have left our premises. Title in the goods passes to you upon cleared payment in full by you to Us of the goods.
- We may change these Website Terms at any time without notice. Please review these Website Terms regularly to ensure you are aware of any changes made.
2. Registration on the Website
- You are only eligible to apply for an Account if you are over 18 years of age. By submitting your application for an Account you warrant to blackswanwines.com.au that you are over 18 years of age.
- To access your Account you must provide your email address. After creating your Black Swan Wines Account you will receive an email containing the activation link. Your email address and password will be used to access your Account. You may not have more than one Account or user name.
- We may require additional information and we reserve the right to decline, suspend or terminate your Account at any time at Our absolute discretion.
- You are responsible for maintaining the confidentiality of your password and you will be liable for any breach of privacy arising from unauthorised access to the Website caused by or connected with your disclosure of your email address and/or password.
- You are responsible for all fees and charges incurred on your Account arising from access to your Account through your user name and password, irrespective of who uses your Account.
- You must immediately notify us if you suspect or become aware of any unauthorised use of your password or Account, or any other breach of the Website’s security. You must immediately change your password if you suspect a security breach. The Website will contain a facility to change your password or if this facility is not available, please contact us immediately by phone
- If, blackswanwines.com.au believes your Account is being used contrary to these Website Terms or any privacy or other laws, we may immediately suspend or cancel your Account upon such conditions as we believe are appropriate.
3. Content and Intellectual Property
- The content, layout, design, concept and organisation of the Website (Content) which is or may be the subject of patent, copyright, trade mark, design, confidentiality or other intellectual property rights (Intellectual Property) belongs or is licensed to Us.
- Subject to your compliance with these Website Terms, We grant you a temporary, non-exclusive licence to download, print or otherwise reproduce in unaltered form a single copy of any Content (save for any material for which express notice is given to the contrary) solely for your personal, non-commercial use, or for non-commercial information purposes only within your organisation.
- Certain material provided or available on or through the Website may be stated to be subject to special or additional rules or conditions which will form part of these Website Terms.
- By visiting and using the Website you acknowledge and agree that:
- We own all right, title and interest in, or are otherwise licensed to use the Intellectual Property in the Content;
- you will not do anything to hinder, impede, invalidate or challenge Our ownership, entitlement to use, or registration of any part of the Intellectual Property in the Content; or which might diminish the value of the Intellectual Property in the Content; and
- and any use, downloading, copying, adaption, modification, communication, distribution or reproduction of the Website, the Content or the Intellectual Property in the Content other than as expressly permitted by these Website Terms or by law is strictly prohibited, unless you have obtained Our prior written consent (which We can withhold in Our absolute discretion).
- Where Our Intellectual Property contains any of Our registered or unregistered trademarks, you must not use any of those trademarks:
- in or as the whole or part of your own trademarks;
- in connection with activities, products or services which are not Ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages Us or Our products or services (including the Website).
- You agree to use the Website and it’s Content for lawful purposes only.
- We derive Our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. However, aside from our obligations under the Australian Consumer Law, We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.
- We reserve the right to change, update or terminate the Website and Content or any part of them at any time in Our absolute discretion, without notice or liability to you.
- Any change or modification to the Website or these Website Terms is effective immediately upon them being posted on the Website. If any such change or modification is unacceptable to you, do not use the Website. If following any such change or modification you continue to use the Website or Content, you will be deemed to have accepted those changes or modifications.
5. Reviewing Products
- Users of the Website may post product reviews. This right is extended on condition that the review is not illegal, obscene, abusive, threatening, defamatory, an invasion of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable. Specifically, product reviews should not include software viruses, political campaigning, commercial solicitation, chain letters or mass mailings.
- You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content within a review.
- We reserve the right, but not the obligation, to remove or edit any content.
- If you post a product review, unless indicated otherwise, you:
- grant blackswanwines.com.au and its affiliates a non-exclusive, royalty-free and fully sub-licensable right to use, reproduce, publish, modify, adapt, translate, distribute, create derivative works from, and display such content throughout the world in any media;
- grant blackswanwines.com.au and its affiliates and sub-licensees the right to use the name that you submit in connection with the product review, if they choose;
- agree that the rights you grant above are irrevocable during the period of protection of your intellectual property rights associated with the product review. You agree to waive your right to be identified as the author of the product review and your right to object to derogatory treatment of the product review; and
- represent and warrant that you own or otherwise control all of the rights to the product review that you post; that, as at the date that the content or material is submitted to blackswanwines.com.au, the product review is accurate; use of the product review you supply does not breach any blackswanwines.com.au policies or guidelines and will not cause injury to any person or entity (including that the product review is not defamatory). You agree to indemnify blackswanwines.com.au and its affiliates for all claims brought by a third party against blackswanwines.com.au or its affiliates arising out of or in connection with a breach of any of these warranties.
6. Privacy & Security
For more information on Privacy & Security at blackswanwines.com.au click here
- All information, advice or other data on the Website is provided as general information only and should not be relied upon.
- Subject to our obligations under the Australian Consumer Law, We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Website or its Content for any particular purpose.
- Subject to our obligations under the Australian Consumer Law, We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs.
- We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by Us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.
- We are based in Henley Brook, Australia. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
- Your use of and any reliance you place upon the Website and its Content are entirely at your own risk. When using the Website, information will be transmitted over a medium which, in many cases, is beyond Our jurisdiction and control and that of Our suppliers. Information and files available from the Website cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to Us.
- We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond Our control. For the avoidance of doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
- To the fullest extent permitted by law and without limiting any rights available under the Australian Consumer Law:
- all conditions and warranties concerning the Website and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded;
- in no event will We (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Website) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Website or the Content;
- We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Website, the Content or the Services;
- any claims arising in connection with your use of the Website, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and
- remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms.
- Your rights and obligations under these Website Terms may not be transferred or assigned directly or indirectly without Our prior written consent. We may transfer or assign Our rights and obligations under these Website Terms.
- To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been read down or deleted to the extent necessary to overcome the difficulty.
- Our rights and remedies under these Website Terms cannot be waived except in writing signed by Us. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does Our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of Our other rights.
- We will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
- These Website Terms are governed by and construed in accordance with the law of the State of Western Australia and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.
WARNING - VIC Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).
NSW Liquor Act 2007: It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
WARNING - WA Liquor Control Act 1998: It is an offence to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
WA: Licence No. 6180086686 Name of licensee - Black Swan Wines. Address - Lot 6 Cnr of Forest Rd & West Swan Rd, Henley Brook WA.
All orders are processed and distributed by Black Swan Wines Pty Ltd ABN 59 009 406 544.
Our offers are transmitted from our licensed premises at Lot 6 Cnr of Forest Rd & West Swan Rd, Henley Brook WA.