This web site and its contents ("Web Site") is owned and operated by FOUR SISTERS PTY LTD ABN 38 069 621 003 Nagambie Vic, Australia 3607 ("Four Sisters"). The use of this Site is governed by the following terms and conditions, as amended from time to time (the "Terms and Conditions").
By using this Web Site you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions (including any amendments to them) you should immediately cease using the Web Site.
The Web Site may be updated from time to time, including these Terms and Conditions. Four Sisters encourages you to check this document regularly. By continuing to use this Web Site after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.
YOU MAY ONLY ENTER AND USE THE WEB SITE IF YOU ARE OVER THE AGE OF 18 OR OTHERWISE OF LEGAL DRINKING AGE IN YOUR RELEVANT JURISDICTION. YOU MUST IMMEDIATELY EXIT THE WEB SITE IF YOU DO NOT MEET THESE REQUIREMENTS.
Terms of Sale
By entering your details to make a purchase, you are offering to make a contract to purchase goods from FOUR SISTERS PTY LTD ABN 38 069 621 003 (referred to herein as ‘Four Sisters’). If Four Sisters 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, 254 O’Neils Road, Tabilk, Victoria, 3608, from where the goods will be dispatched under our Liquor Licence no. 51696A01.
Persons under 18 years of age are not permitted to place orders for alcohol and Four Sisters supports the responsible service of alcohol.
Nature of the Contract
You are able to use the Four Sisters website to place an order for goods. The contract between you and Four Sisters for the supply of those goods (“the Contract”) only comes into existence when Four Sisters accepts your order.
Four Sisters will notify you of acceptance and 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 Four Sisters.
Four Sisters will endeavour to ensure that wines are delivered within seven (7) working days of the date of acceptance of the order.
While Four Sisters 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.
Four Sisters will not be obliged to continue to deliver goods to you if your delivery address is not in an area within which Four Sisters delivers goods. Four Sisters will not deliver to a Post Office Box.
The goods will not be delivered to persons under the age of eighteen (18) years (Four Sisters may request that the person who receives the goods provide satisfactory evidence of proof of age and will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age).
Anyone at the nominated delivery address who receives the goods shall be presumed by Four Sisters to be authorised to receive the goods.
Delivery instructions are required for all orders and all efforts will be made to ensure these instructions are followed.
Orders are required to be in lots of twelve (12) bottles unless it is for a Special Offer 6 pack or magnum where a single unit applies.
There is no charge for delivery of orders to addresses in Victoria, New South Wales, ACT, SA and QLD. A standard $12.00 freight charge applies to all other States,Territories and areas for all twelve (12) bottle carton, 6 Pack Special Offer or Magnum orders.
To contact Four Sisters regarding your delivery, email: firstname.lastname@example.org or telephone (03) 57942694
Four Sisters may provide Special Offers in relation to our products and services from time to time. At any time, Four Sisters may terminate any Special Offer without advance notice.
If terminated, a Special Offer will continue to apply to products or services ordered by you in accordance with these Terms before the date the special offer was terminated.
All specials, promotions, clearances, offers and discounted items advertised on the Four Sisters website are available only while stocks last unless otherwise advertised.
All wine is offered for sale subject to available stock. If a product is out of stock, Four Sisters will contact you to offer a substitute wine of at least equal quality. If you do not accept a substitute wine and your credit card has been charged for wine that is out of stock, Four Sisters will cancel your order and issue a credit to your credit card account in the amount charged.
If you receive a case of wine with one or more broken bottles, Four Sisters will issue you a refund in the amount paid for the broken bottles or send replacement bottles if available.
Four Sisters may ask you to provide proof of the damage, as a condition of refund or replacement.
If you are not completely satisfied with the wines you purchase, they will be replaced or refunded to their full value. Four Sisters may ask you to return the wines (at Four Sister’s cost) for evaluation, as a condition of refund or replacement.
Four Sisters’ prices are subject to variation – the price payable for the goods is the price applicable on the date when Four Sisters confirms your order.
The quoted price includes GST, but does not include the delivery fee (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the applicable delivery fee.
Prices stated are in Australian dollars, and may be per bottle, per 6 pack, per 12 bottle case or per magnum, as stated.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will not commence until payment has been processed/validated. Four Sisters accept payment by Visa, MasterCard, American Express and Diners Club. Credit card details are processed using SSL encryption and are not stored by Four Sisters.
Restrictions on the carriage or possession of alcohol are in place in some regions of Australia.
If you live in an area which is the subject of such restrictions, it is your responsibility to be aware of the extent of such restrictions and the legal implications of these restrictions prior to proceeding with your alcohol purchase from Four Sisters. Four Sisters is not liable for any confiscation of alcohol and / or financial or other penalties arising from the breach of such restrictions caused by the attempted delivery by Four Sisters of your order.
You are responsible to maintain the confidentiality of your password. You are also responsible for, and indemnify Four Sisters in relation to, any and all activities that occur using your password, including in relation to your personal information. You must immediately notify Four Sisters of any unauthorised use of your logon or password or any other breach of security of which you become aware.
Four Sisters may give notice to you by electronic mail or by regular mail, including but not restricted to bi-monthly Newsletters, to your address contained in the registration or other information provided by you.
Four Sisters may add to, delete, or otherwise change any of the terms of this Contract. Four Sisters will notify you of any substantial changes to these terms & conditions. Your use of the Four Sisters service after notice will constitute your deemed acceptance of such changes.
Intellectual property and restrictions on use of content
The Web Site is subject to copyright under Australian law and, under international treaties, the laws of many other countries. Unless otherwise indicated, the copyright is owned Four Sisters, who reserve all rights. Except for the direct purpose of viewing, printing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without Four Sisters’ consent.
The Web Site also includes registered and unregistered trade marks, which are owned by Four Sisters. Except to the extent that it is expressly indicated to the contrary, your access to or use of this Web Site does not constitute or create a licence or any other right to use the name, trade dress, trade marks, copyrights or any other intellectual property of Four Sisters or any other party whose intellectual property appears on the Web Site.
Four Sisters reserves the right to revise the content of, amend links from or withdraw access to the Web Site at any time without notice and without liability to you or any other person.
Links to Third Party Sites and Third Party Advertisements
Four Sisters assumes no responsibility and accepts no liability for the condition or content of third party web sites which may be linked to or accessed from the web site. Except as Four Sisters may specifically direct otherwise, Four Sisters does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of Four Sisters for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
Software and other digital materials available for download
From time to time certain software and related digital materials may be expressly made available by Four Sisters for downloading from the Web Site. Unless those software or materials are expressed to be pursuant to specific conditions (in which case those conditions will apply), Four Sisters grants to you a personal, non-transferable, and non-exclusive licence to use the relevant software or materials for your own private use, provided that you do not copy, communicate to the public, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them, and provided also that you ensure that all copies of such software and materials retain any copyright or other intellectual property notices. Except as otherwise provided for in the terms of any express licence agreement, Four Sisters gives no warranties (either express or implied) as to the completeness, accuracy or reliability of such software or materials, and they are downloaded and used by you entirely at your own risk.
Competitions and promotions
• The Promoter is Four Sisters Pty Ltd – ABN 38 069 621 003 Nagambie Victoria Australia
• Information on how to enter and details of the winners prize form part of these conditions.
• By participating, entrants agree to be bound by these conditions and entries must comply with these conditions to be valid.
• Entry into the competition is deemed acceptance of these conditions of entry.
• Entry is open to residents of Australia who are 18 years or over. Employees of Four Sisters Pty Ltd, Fernwood Womens Health Club Pty Ltd, Lorna Jane Pty Ltd and any associated companies, and their immediate families, are ineligible to enter.
• Prizes are non-transferable and non-redeemable for cash.
• Competition winners will be selected by a random scanning of all eligible entries at Four Sisters office G07, 12 Cato Street Hawthorn East VIC 3123 on the published date of draw.
• All winners will be notified by email on the published date of draw and the results will be published on the Four Sisters website news page and Facebook page.
• Once the draw has been completed the decision is final and no correspondence will be entered into.
• Entrants can only enter in their own name. The Promoter reserves the right to request winners to provide proof of age, identity, proof of residency at the nominated prize delivery address, and/or proof of entry validity. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter.
• The Promoter shall not be liable for any loss, damage or injury suffered (even if caused by negligence) as a result of accepting and/or using the prize, except for any liability which cannot be excluded by law.
• The Promoter accepts no responsibility for any entries delayed or not received and reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these Terms & Conditions of Entry.
• Entrants consent to the Promoter using their name, likeness, image, story and/or voice in the event that they are the winner in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.
Disclaimer and Limitation of Liability
The Web Site and its entire contents are provided on an "as is" basis. Four Sisters and its directors, officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Web Site or its contents nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the contents of this Web Site. You should be aware that information current to a particular time or date as placed on the Web Site does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Web Site is updated. Four Sisters, and its directors, officers, employees, agents and contractors are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non use of the Web Site (including the downloading of any materials or the purchase or attempted purchase of any products), or your reliance upon information contained upon it (whether arising from Four Sisters or any other person's negligence or otherwise). Where any Act of Parliament implies any term, condition, representation or warranty into the contents of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the Act, Four Sisters' liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as Four Sisters may choose.
You agree to indemnify and keep indemnified Four Sisters it’s directors, officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which Four Sisters and its directors, officers, employees, agents and contractors may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the Web Site (or any part of it) or your breach of these Terms and Conditions.
Four Sisters reserves the right to revise the content of, amend links from, or withdraw access to the Web Site at any time without notice and liability to you. Your membership of the Web Site, your ability to participate in all or certain parts of the Web Site, or your ability to access the Web Site may be terminated at any time without notice, and without any liability to you. Any indemnities given by you and limitations on Four Sisters' liability will survive such termination.
A right relating to these Terms and Conditions may only be waived by Four Sisters in writing. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. By using the Web Site you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect. Four Sisters’ failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Four Sisters in writing.
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), and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).
© FOUR SISTERS PTY LTD 2011