Terms
Red Hill Wines Pty Ltd trading as Red Hill Estate – ABN 81 114 981 681
Liquor Licence No. 32252831
Subject to the provisions of the Liquor Control Reform Act 1998
Under the Liquor Control Reform Act 1998 it is an offence to supply alcohol to a person under the age of 18 years (Penalty $2,000) and/or for a person under the age of 18 years to purchase or receive liquor. (Penalty $500)
Please read the following terms and conditions carefully before placing your order with Red Hill Wines Pty Ltd.By completing the customer application process and using the services provided by Red Hill Wines Pty Ltd, you acknowledge that you have read and understood these terms and conditions and agree to be bound by the terms and conditions of this Agreement.Henceforth, Red Hill Wines Pty Ltd shall be referred to in this agreement as Red Hill Estate.
Table of Contents
- Glossary of Terms
- The agreement
- Purchase orders & delivery of goods
- Risk & title
- Price of goods & payment
- Out of stocks & substitution
- Packaging & labelling of goods
- Licence
- Intellectual property rights
- Liability
- Security
- Notification of changes
- Privacy
- Termination
- Notices
- Promotions & Clearances
- Product Availability
- Miscellaneous
1. Glossary of Terms
"Agreement" means an agreement between the customer, you, and Red Hill Estate to supply Goods. The Agreement consists of the Order and the Terms & Conditions.
"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, trade marks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise.
"Order" means an order by you to purchase Goods from Red Hill Estate.
“Case” is the finished package delivered whether it be a 2 pack, 6 pack or dozen.
"Personal Details" includes, but is not limited to Your name, Delivery Address and payment details.
"Product List" means the list of Goods displayed on the Red Hill Estate website as amended from time to time.
"Shipping" means the fee payable to Red Hill Estate in respect of delivery of the Goods and handling costs associated with processing your Order as advised by Red Hill Estate from time to time.
2. The Agreement
The entire Agreement between you and Red Hill Estate for the purchase of Goods by you from Red Hill Estate is inclusive of both these conditions and the terms of the order. Each Order is a separate agreement. The agreement exists between you and Red Hill Estate once Red Hill Estate receives and accepts your order. Each order may be accepted by Red Hill Estate in its absolute discretion.
3. Purchase orders & delivery of goods
3.1 Delivery Area
In order to purchase Goods from Red Hill Estate, the Delivery Address which you nominate will need to be within a location where Red Hill Estate provides delivery services (see Delivery options and pricing). Red Hill Estate will advise you if the Delivery Address which you nominate ceases to be in an area where Red Hill Estate delivers goods. Red Hill Estate 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 Red Hill Estate delivers goods.
3.2 Orders
You will place an Order with Red Hill Estate by:
- selecting Goods on Red Hill Estate's website, entering your Personal Details and pressing the "submit for processing" button; or
- selecting Goods and instructing Red Hill Estate by telephone that you wish to purchase the Goods, and providing your Personal Details to Red Hill Estate; or
- selecting Goods via downloadable order form and instructing Red Hill Estate by facsimile that you wish to purchase the Goods, and providing your Personal Details to Red Hill Estate; or
- selecting Goods and instructing Red Hill Estate by e-mail that you wish to purchase the Goods, and providing your Personal Details to Red Hill Estate; or
- selecting Goods via downloadable order form and instructing Red Hill Estate by regular mail that you wish to purchase the Goods, and providing your Personal Details to Red Hill Estate.
3.3 Authorised Receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed by Red Hill Estate to be authorised to receive the Goods on Your behalf. Red Hill Estate may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. Red Hill Estate 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 or to persons who fail to provide proof of age satisfactory to Red Hill Estate that the person is aged eighteen (18) years or over.
3.4 Delivery Requirements
Red Hill Estate is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:(a) to the adult person who placed the Order, or(b) to another adult person at those premises who undertakes to accept it on your behalf, or(c) if delivery takes place on a day following the placing of an Order, in accordance with the customer's instructions but always to a person over the age of 18 years.The person responsible for delivering liquor may refuse to deliver the liquor to any person who fails to provide proof of age satisfactory to the person responsible that the person is aged eighteen (18) years or over.
3.5 Additional Delivery Fee
If there is no-one at the Delivery Address or no-one of appropriate age to receive the Order when the Order is delivered Red Hill Estate may charge You and You may be required to pay an additional fee.
4. Risk and Title
Risk and title in the Goods passes to You upon delivery of the Goods to the Delivery Address.
4.1 Returns or Refunds
If at any time You are not satisfied with the quality of the Goods You have purchased, You may call the Red Hill Estate office on 03 9426 9000 and we will assess your request for a credit, refund or exchange of product of the purchase price.
5. Price of Goods and Payment
5.1 Price of Goods
Subject to clause 6.2 the price you shall pay for the Goods at the price specified on the Product List at time that Goods are confirmed as ordered. You also agree to pay the delivery and handling fee (when applicable) in respect of each Case Ordered and all taxes, including goods and services tax, which Red Hill Estate is required to collect from you.
5.2 Variation
Red Hill Estate's prices are subject to variation without notice. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.
5.3 Method of Payment
Payment upon Placement of Order You shall pay for the Goods at the time of despatch of your Order. You may use your credit card (MasterCard, Visa, American Express and Diners.) Cheques may be accepted at Red Hill Estate s discretion. Red Hill Estate does not accept cash payment for the Goods purchased in anyway with the exception of goods purchased directly from Cellar Door.
6. Out of stock & substitutions
6.1 No Rainchecks
Red Hill Estate will not provide rainchecks in respect of Goods ordered by you.
6.2 Substitution Policy
Red Hill Estate will use its best endeavours to ensure that all Goods ordered by you are supplied to you. If the goods ordered by you are not readily available in stock, whenever possible Red Hill Estate will offer to you a comparable product of equal or greater value.
7. Packing and Labelling of Goods
Red Hill Estate aims to include in the Product List up-to-date pictures of the Goods. At times, the pictures of the Goods on the Product List are for illustrative purposes only. Red Hill Estate does not warrant the accuracy of information contained on the Product List and recommends that you read the label on Goods carefully before consuming the Goods.
8. Licence
You are licensed to use the Red Hill Estate website on your computer for your use in purchasing Goods from Red Hill Estate. You acknowledge that you are not permitted to make any other use of the Red Hill Estate website unless given prior written authorisation by Red Hill Estate.
9. Intellectual Property Rights
You acknowledge that Red Hill Estate or its related corporations own or are licensed to use all Intellectual Property Rights in Red Hill Estate (including, but not limited to, any images, photographs or text which appears on the website). You agree that you will make no representation to the contrary, and that you must not use or copy Red Hill Estate in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
You acknowledge that any trade marks or logos which appear on the Red Hill Estate website are owned by or licensed to Red Hill Estate or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
10. Liability
You acknowledge that Red Hill Estate’s redhillestate.com.au service is provided "AS IS" and that Red Hill Estate is not making and has not made any warranty or representation as to Red Hill Estate's suitability of Goods for any particular purpose.
To the extent permitted by law, you agree that any liability of Red Hill Estate 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 Red Hill Estate’s redhillestate.com.au will be limited to:
- if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; an
- if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
You agree that the entire risk arising out of installation, downloading, use or performance of Red Hill Estate’s redhillestate.com.au remains with You. To the extent permitted by law, You release and discharge Red Hill Estate 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 Red Hill Estate or this Agreement, including, without limitation, loss or damage caused by the negligence of Red Hill Estate or its related corporations.
11. Security
If you are issued with a PIN or password by Red Hill Estate you agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and forever indemnify Red Hill Estate in relation to any liability howsoever arising out of the unauthorised use of your PIN or password.
12. Notification of changes
Red Hill Estate may add to, delete, or otherwise change any of the terms of this Agreement. Red Hill Estate will notify you of any substantial changes to these terms & conditions as provided in Clause 15. Your use of the redhillestate.com.au service after notice will constitute your deemed acceptance of such changes.
13. Privacy & Security
For details on the Red Hill Estate Privacy and Security Statement, please click here or refer to the Privacy Policy at the bottom of any page of the website.
14. Termination
Red Hill Estate may terminate this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that your shopping privileges have been removed. If this occurs, please contact the Red Hill Estate office on 03 9426 9000 for advice or to place an order. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
15. Notices
Red Hill Estate may give notice to you by electronic mail or by regular mail to your address contained in the membership registration information provided by you. You may give notice to Red Hill Estate by electronic mail to admin@redhillestate.com.au.
16. Promotions & Clearances
All specials, promotions, clearances, offers and discounted items advertised on the Red Hill Estate website are available only while stocks last unless otherwise advertised. All terms and conditions of specials, promotions, clearances, offers and discounted items advertised on the Red Hill Estate website shall apply. No special orders are available on specials, promotions, clearance, offers and discounted items advertised on the Red Hill Estate website.All specials, promotions, clearances, offers and discounted items appearing on redhillestate.com.au exclude customers living outside of Australia.
17. Product Availability
Due to Liquor Licensing restrictions certain Goods will not be available for sale in the following areas;
- South Hedland
- Kununarra
- Broome
- Chinatown and
- Seaview
Due to a Licensing Accord certain Goods will be unavailable for purchase during certain times in Kalgoorlie.
Red Hill Estate 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.
18. Miscellaneous
18.1 Provisions are severable
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
18.2 Victorian Law Applies
The laws of Victoria govern this Agreement. | 
