Terms Of Use
By entering your details to make a purchase, you are offering to make a contract to purchase goods from us (Ten Minutes by Tractor Wine Co Pty Ltd, ABN 27 868 739 764, of 1333 Mornington-Flinders Road, Main Ridge, Victoria, Australia – referred to in these terms as “TMBT”). If we accept your offer, the goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.
The contract is made at our licensed premises, 1333 Mornington-Flinders Road, Main Ridge, Victoria, from where the goods will be dispatched under our liquor licence no. [32950007].
Persons under 18 years of age are not permitted to place orders for alcohol.
TMBT supports the responsible service of alcohol.
Nature of the Contract
You are able to use the TMBT website (or email, telephone, fax or other method) to place an order for goods.
The contract between you and TMBT for the supply of those goods (“the Contract”) only comes into existence when TMBT accepts your order. TMBT will notify you of acceptance. No obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract. Orders cannot be cancelled once accepted, unless by arrangement with the management of TMBT
Delivery
TMBT will not be obliged to continue to deliver goods to you if your delivery address is not in an area within which TMBT delivers goods.
The goods will not be delivered to persons under the age of eighteen (18) years. TMBT may request that the person who receives the goods provide satisfactory evidence of proof of age. TMBT will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. TMBT is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:
to the adult person who placed the order, or
to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or
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. Anyone at the nominated delivery address who receives the goods shall be presumed by TMBT to be authorised to receive the goods.
While TMBT will use all reasonable endeavours to deliver by any requested or agreed date, it does not guarantee delivery on that date and is not liable for any Loss resulting from late delivery.
Risk and Title
Risk and title in the goods passes to you upon delivery of the goods to the Delivery Address.
Price
TMBT’s prices are subject to variation – the price payable for the goods is the price applicable on the date when TMBT confirms your order.
Te quoted price does not include the delivery and handling fee (if applicable) in respect of each order. Te total amount payable is the price for each of the goods, together with the applicable delivery and handling fee.
Payment
You must pay for the goods before we will despatch your order. You may use your credit card (MasterCard, Visa, American Express). Payment by cheque or cash will only be accepted at TMBT’s discretion. TMBT may accept applications for customer accounts, subject to its standard terms and conditions .
Website content
Copyright in all materials appearing on this website is, except where noted to the contrary, the property of TMBT and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or for any purpose expressly permitted by TMBT.
TMBT does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. TMBT is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of TMBT remains with you.
You also waive any and all claims that you may have against TMBT otherwise arising out of or in relation to your use of this website.
TMBT is committed to maintaining the privacy and confidentiality of personal information. We will adhere to the National Privacy Principles (NPPs) when collecting, using, disclosing, securing and providing access to personal information.
We endeavour to take all reasonable steps to protect your personal data, but cannot guarantee the security of any data you disclose online. By supplying us with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold TMBT responsible for any breach of security unless we have been negligent or in wilful default of our duties to you.
Individuals have a right to request access to personal information that we hold about them. If you believe that their personal information we hold about you is not accurate, they you may request that we correct it.
Once you have registered, you will receive or nominate a password. You are responsible to maintain the confidentiality of your password. You are also responsible for, and indemnify TMBT in relation to, any and all activities that occur using your password, including in relation to your personal information. You must immediately notify us of any unauthorised use of your logon or password or any other breach of security of which you become aware.
Limitation of Liability
Nothing in this Contract is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between TMBT and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.
To the extent that TMBT breaches any condition or warranty implied into the arrangement between TMBT and you and which cannot be excluded or modified, TMBT’s liability is limited to, at TMBT’s discretion, either: (i) replacement of the goods or supply of equivalent goods; (ii) payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services, to: (i) supply of the services again; or (ii) payment of the cost of having the services supplied again.
Subject to the foregoing, TMBT is not liable to you (or to any third party claiming through you) for, and you release TMBT from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property (“Loss”) caused by any act or omission of TMBT, its employees or agent, and whether based on negligence or other tort, contract or otherwise.
Amendments
TMBT may add to, delete, or otherwise change any of the terms of this Contract. TMBT will notify you of any substantial changes to these terms & conditions. Your use of the TMBT service after notice will constitute your deemed acceptance of such changes.
Confidentiality
TMBT reserves the right to disclose information regarding users of the TMBT service to third parties, provided that the information will not specifically identify you or any personal information supplied by you.
Termination
TMBT may terminate this Contract at any time by delivering notice or by sending you a system message advising that your shopping privileges have been removed. Termination of this Contract shall be effective the day notice is received or such later date as specified in the notice.
Notices
TMBT may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.
Promotions & Clearances
All specials, promotions, clearances, offers and discounted items advertised on the TMBT website are available only while stocks last unless otherwise advertised.
Miscellaneous
If any provision of these Terms & Conditions is unenforceable or void either in whole or in part for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforce ability of the remainder of this document.
The laws of Victoria, Australia govern this Contract.
Notice
WARNING under the Liquor Control Reform Act 1998 it is an offence:
to sell 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)