WEBSITE – TERMS OF ACCESS AND USE

 

This website is owned and operated by SQUASHEDGRAPE PTY LTD (ABN 83 123 728 496) (“the Company”).

 The material on the website is subject to the copyright of the Company and/or other copyright owners.

 The website is available for you to access conditional on your acceptance without alternation of the terms and conditions set out below or linked to this page.

 By continuing to access the website you are agreeing to the terms and conditions set out.

1.             INTELLECTUAL PROPERTY RIGHTS

The material contained on this website is protected by copyright. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining the Company’s prior written consent.

Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.

The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this website must not in any way infringe the intellectual property rights of any person.

2.             SECURITY

When you order through this website a secure server is used. The server encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and we are not responsible for events arising from unauthorised access of the information you provide.

3.             DISCLAIMERS AND LIMITATION OF LIABILITY

Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, the Company:

·                Excludes all conditions and warranties implied by these Terms;

·                To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website; and

·                Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website.

Without limiting the general disclaimer, the Company:

·                Makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. The Company is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;

·                Will not be liable for disruptions to this website; and

·                Is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this website. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

·                does not make any warranties or representations regarding the quality merchantability or fitness for purpose of any product advertised on this site.

·                Provides images for illustration purposes only. Images and actual product may vary from time to time.

4.              PRODUCT ORDERS – TERMS AND CONDITIONS

4.1.       Interpretation

In these conditions:

4.1.1       ‘Seller’ means is the seller of the goods. Squashedgrape Pty Ltd is the Seller, and acting as the marketing arm for all companies listing products on this website

4.1.2       ‘Buyer’ means the purchaser of the goods.

4.1.3       ‘Goods’ means the products specified in the Order Form completed by the Buyer.

4.1.4       Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

4.2.       General

These conditions (which shall only be waived in writing signed by the seller) shall prevail over all conditions of the buyer’s order to the extent of any inconsistency.

4.3.       Terms of sale

The goods sold by seller are sold on these terms and conditions.

4.4.       Seller’s Right of Refusal

The seller reserves the right to refuse any order within 24 hours of receipt. If so refused, the buyer shall be refunded any money paid on account of the purchase price.

4.5.       Packing

The cost of any special packing and packing materials used in relation to the goods are at the buyer’s expense.

4.6.       Shortage

The buyer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged within seven (7) days from the date of receipt of goods by the buyer.

4.7.       Delivery

4.7.1  The delivery times made known to the buyer are estimates only. Purchasers can expect their products to be delivered within 3 – 5 business days of the item being purchased on line. Suppliers on the website will advise all purchasers if delays are anticipated.

                   4.7.2    Where there is any loss, damage or delay occasioned to the purchaser arising from late or non-delivery, the purchaser must contact the Seller (Squashedgrape Pty Ltd) immediately, and report the said loss or delay, referring to the relevant invoices and / or delivery notes. The Seller will be liable for non delivery and breakages upon arrival and will arrange for replacement product or offer a refund with appropriate proof of such incident up to the point of the purchasers’ door. The Seller does not offer protection past the purchasers’ door and all damages must be reported on delivery and noted on the delivery docket. All products will be sent via traceable means and must be signed for upon delivery. Items not signed for are not warranted by the Seller.

                   4.7.3   Delivery times will vary as companies supplying products available on this site are spread across Australia. Suppliers will also use varying means of distribution to get your orders delivered to you, and this is controlled by the suppliers, not Squashedgrape Pty Ltd. It would be reasonable to expect delivery within a 72 - 96 hour period, with a week for deliveries across country (NSW to Perth). All products will be sent via traceable means and must be signed for upon delivery.

 4.8.       Warranties

4.8.1   Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose are expressly excluded. The seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods or arising out of the seller’s negligence or in any way whatsoever.

4.8.2   The purchaser warrants that the purchaser is over the age of 18 years and may otherwise lawfully conclude a contract with the letter.

4.9.       The seller’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to any one or more of the following:

4.9.1  the replacement of the goods or the supply of equivalent goods;

4.9.2  the payment of the cost of replacing the goods or of acquiring equivalent goods;

4.10.    The seller’s liability under s 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the purchaser an amount equal to:-

4.10.1       the cost of replacing the goods;

4.10.2       the cost of obtaining equivalent goods.

4.11.    Returned goods

4.11.1       The seller is not be under any duty to accept goods returned by the buyer and will do so only on terms to be agreed in writing in each individual case.

4.11.2 If the seller agrees to accept returned goods from the buyer the buyer must at the buyers own expense return the goods to the seller at the seller’s place of business.

4.12.    Goods sold

All goods to be supplied by the seller to the buyer are as described on the purchase order agreed by the seller and the buyer and the description on such purchase order so agreed prevails over all other descriptions including any specification or enquiry of the buyer.

4.13.    Cancellation

No order may be cancelled except with consent in writing and on terms which will indemnify the seller against all losses.

4.14.    Place of contract

4.14.1       The contract for sale of the goods is made in the State of South Australia.

4.14.2       The parties submit all disputes arising between them to the Courts of the State of South Australia and any Court competent to hear appeals from those courts of first instance.

5 .            Privacy

5.1    No information gathered regarding purchasers details of any kind will be shared with any third party under any circumstances. Information retained such as contact details and delivery details, are only done so to improve service levels, and maintain customer contact by Squashedgrape Pty Ltd. This information is also to allow customers, should they chose to do so, to receive regular updates and news on wine specials. No details are retained regarding credit cards under any circumstances. All credit card transactions are done through the encrypted and highly secure website of DPS, and NO information is retained whatsoever.

 

 

Contact details:

5 Churchman Court,

Gawler East

South Australia

T +61 8 8523 4858   F +61 8 8523 4947   M +61 44 888 2019

sales@squashedgrape.co.nz