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TERMS OF SALE

These terms and conditions create a binding agreement between you and Yarra Burn (St Hallett, we, us, our).  You should read these terms carefully before purchasing wine from us at our cellar door or via our website, direct mail or over the phone. Your dealing with us is governed by our Privacy Policy, and your use of our website both of which are incorporated into these terms and conditions.

By submitting an order for any wine to Yarra Burn, you agree to be bound by these terms and conditions. An agreement is formed when Yarra Burn accepts your order in accordance with these terms and conditions.

You may only purchase alcohol from Yarra Burn if you are aged 18 or above. Yarra Burn supports the responsible service of alcohol.

RETURNS & EXCHANGES

In the event that wine is damaged during transit or appear to not be of acceptable quality, you must, within 14 business days of delivery of the wine, provide Yarra Burn with written notice to [email protected] giving reasonable particulars of the alleged damage or quality issue. You acknowledge and agree that no claim will be accepted by Yarra Burn (or any of its agents) for any damage to the wine which occurred during transit or for any wines that are not of acceptable quality where written notice is not provided within this period. On accepting your claim, Yarra Burn will at its discretion replace or refund the wine and pay for any additional delivery charges.  Other than in the circumstances set out in this section, and subject to any rights you may have under applicable laws (including the Australian Consumer Law), Yarra Burn will not be obliged to accept any return or make any refunds to you in respect of the wine, including but not limited to a change of mind by you.

SHIPPING INFORMATION

Wine purchased from Yarra Burn can only be delivered to persons aged 18 or above. Our couriers reserve the right to request photographic ID before handing over any wine. If the recipient is unable to produce appropriate ID upon request, the wine will not be delivered.

In some cases, we may agree to delivery using the Authority to Leave option. This means that the wine will be left on your premises in a safe place or else a card will be left for you to collect the wine from your nearest Post Office. If we accept your request for delivery using the Authority to Leave option and there are persons at your premises who cannot provide proof of age ID at the time of delivery, the wine will not be left at your premises and instead will be available for collection from your nearest Post Office subject to presentation of valid ID. Yarra Burn and its contractors associated with the delivery do not accept responsibility for any loss or damage which results from the Authority to Leave delivery method. You agree to release Yarra Burn from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, suffered or incurred by you or any other person or entity as a result of using the Authority to Leave delivery method.

Yarra Burn is licensed to sell alcohol to Australian residents and can only deliver alcohol to addresses located in Australia. Yarra Burn accepts no responsibility for any arrangements made by you for the delivery of alcohol outside of Australia.

Delivery of alcohol into certain areas in Australia is restricted. For example, Yarra Burn will not deliver alcohol to the following postcodes in Queensland:

Aurukun Postcode – 4871, Bamaga Postcode – 4876, Cherbourg Postcode – 4605, Doomadgee Postcode 4830, Hope Vale Postcode – 4871, Injinoo Map Postcode – 4876, Kowanyama Postcode – 4871, Lockhart River Postcode – 4871, Mapoon Postcode – 4871, Mornington Island Postcode – 4825, Napranum Postcode – 4874, New Mapoon Postcode – 4876, Palm Island Postcode – 4816, Pormpuraaw Postcode – 4871, Seisia Postcode – 4876, Umagico Postcode – 4876, Woorabinda Postcode – 4713, Wujal Wujal Postcode – 4873 and Yarrabah Postcode – 4871.  These areas may be modified or added to from time to time.

Wine will be delivered using the Wine Delivery Australia service, the Australia Post eParcel service will be used if a PO Box is selected as the delivery address.. Depending on your location within Australia, the delivery time will usually be within 10 working days from the time we process your order. Deliveries are normally made between Monday and Friday, 9.00am and 5.00pm.

If you are not available to accept delivery (and we have not otherwise agreed to delivery using the Authority to Leave option), the courier will leave a note for later collection from your nearest distribution centre. The distribution centre will only release the wine upon presentation of identification that corresponds to the name of the consignee. If the order is not collected within the timeframe notified to you by Wine Delivery, it will be returned to Yarra Burn’s distribution centre. If re-delivery is required, you will be responsible for any charges incurred in re-delivering the wine to you.

Yarra Burn accepts no responsibility for deliveries to incorrect or incomplete addresses provided by customers. If you provide an incorrect address and delivery is completed, you will be responsible for the purchase. If you provide an incorrect address and delivery is not completed, the order will be returned to Yarra Burn’s distribution centre and you will be responsible for any charges incurred in re-delivering the wine to the correct address.

Risk and title in wine purchased from Yarra Burn will pass to you upon delivery of the wine at your nominated delivery address. Yarra Burn accepts no responsibility for damage caused to wine after delivery.

COLLECTION NOTICE

Accolade Wines Australia Limited collects your personal information (name, date of birth, address, email) via the the Yarra Burn website when you register as a user of this website.

If we do not collect your personal information, you may not be able to fully participate in the website’s functionalities, such as purchasing products from the website. We may disclose this personal information to third parties for the sole purpose of providing you with access to this website and the related services. Such third parties may operate or hold data in Australia or in overseas countries which may include (but are not limited to) New Zealand, the United States of America and Japan.

Our Privacy Policy contains further information about how you may access and seek correction of the personal information that is held by us and how you may complain about a breach of the Australian Privacy Principles or a registered privacy code that binds us and how we will deal with such a complaint.

OUT OF STOCKS

All wines are sold on a while stocks last basis.  If a specific vintage is out of stock but we have an alternative vintage, we will provide you with the alternative vintage. Otherwise, we will contact you if any wines ordered are out of stock.

HEAT POLICY

As heat is detrimental to wine quality we recommend that wine not be sent when the temperature exceeds 35 degrees celsius between Yarra Burn distribution centre and the destination. All orders will be held until the Bureau of Meteorology forecasts temperatures lower than 35°C for the transit period.

PAYMENT

Unless stated otherwise, all prices shown on our website, in Yarra Burn brochures or other communications from Yarra Burn are in Australian dollars.

You must pay for wine at the time you place your order. You may pay using a MasterCard or a Visa. In addition to the price of the wine, you must pay the specified delivery charges and all taxes, including wine and services tax, which Yarra Burn is required to collect from you.

Yarra Burn will deduct all amounts owing at the time of processing your order. If we are unable to deduct from your credit card the total amount owing to us in one transaction, we may process any number of transactions on your credit card until the total amount owed to us is paid.

Prices shown on our website, in Yarra Burn brochures or other communications (except direct mail to you) are subject to variation without notice to you. Yarra Burn will, however, honour any price advertised on our website, in Yarra Burn brochures or other communications unless the price advertised is the result of an error by Yarra Burn or any of its agents, employees or subcontractors.

CONTACT

If you have a complaint or query, you can contact us by using any of the contact information set out below:

Email: [email protected]

Phone: 131 492

Calls from landlines in Australia are charged at local call rates. Calls from mobile phones may attract a higher rate. You will be billed by your telephone service provider and should direct all questions regarding call charges to that provider.

WHAT ELSE DO I NEED TO KNOW?

We can transfer our rights and obligations under these terms and conditions to any third party provided this does not affect your rights under these terms and conditions in a negative way.

These terms and conditions are personal to you. You may not transfer your rights or obligations under these terms and conditions to anyone else.

These terms and conditions shall be governed by the laws of NSW and the parties submit to the non-exclusive jurisdiction of the courts of NSW.

Authorised under liquor licence numbers: 50817724

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