Terms and conditions of Knappstein Wine Club sale
Why are these terms and conditions important?
- By submitting an order for any wine to Knappstein, you agree to be bound by these terms and conditions. An agreement is formed when Knappstein accepts your order in accordance with these terms and conditions.
- You may only purchase alcohol from Knappstein if you are aged 18 or above. Knappstein supports the responsible service of alcohol.
How do I register and set up my account?
- You may only purchase wine directly from Knappstein if you have a registered account. This requires you to register your name and contact details with Knappstein. You can do this on our website or by contacting us by telephone on 08 8841 2100.
- Where you have a user name and password as a part of your account registration with us, you are responsible for keeping your username and password secure. We will assume that anyone using your username and password is authorised by you.
- You must not use false or misleading information when registering your account details. You are also responsible for updating your details if they change. Knappstein is not responsible for any loss or damage you may suffer because you have not provided accurate, complete and up to date information.
How can I place an order?
- You can place an order to purchase wine from Knappstein by:
- selecting wine on our website and completing and submitting the online order form (including valid credit card details);
- selecting wine on our website or as otherwise advertised and instructing Knappstein by telephone or email that you wish to purchase the wine, and providing the requested information (including your name, email, delivery address and valid credit card details);
- completing an order form which you have downloaded or received in the mail and posting that order form to 2 Pioneer Avenue, Clare SA 5453 or faxing that order form to 08 8841 2101; or
- completing an order via telephone with one of our telesales staff.
- You agree that you will not resell any wine purchased from Knappstein.
How do I pay?
- Unless stated otherwise, all prices shown on our website, in Knappstein brochures or other communications from Knappstein 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 Knappstein is required to collect from you.
- Knappstein 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 Knappstein brochures or other communications (except direct mail to you) are subject to variation without notice to you. Knappstein will, however, honour any price advertised on our website, in Knappstein brochures or other communications unless the price advertised is the result of an error by Knappstein or any of its agents, employees or subcontractors.
How will my wine be delivered?
- Wine purchased from Knappstein 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. Knappstein 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 Knappstein 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.
- Knappstein is licensed to sell alcohol to Australian residents and can only deliver alcohol to addresses located in Australia. Knappstein 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, Knappstein 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 Australia Post eParcel service. Depending on your location within Australia, the delivery time will usually be within 5 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 Post Office. The Post Office 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 Australia Post, it will be returned to Knappstein's distribution centre. If re-delivery is required, you will be responsible for any charges incurred in re-delivering the wine to you.
- Knappstein 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 Knappstein'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 Knappstein will pass to you upon delivery of the wine at your nominated delivery address. Knappstein accepts no responsibility for damage caused to wine after delivery.
What if I want to return or seek a refund for wine I have changed my mind about purchasing?
- Knappstein will not be obliged to accept any return or make any refunds to you in respect of wine that you have changed your mind about purchasing.
As a consumer, you have certain rights under the Australian Consumer Law in relation to returns and refunds of goods that you purchase that are not of acceptable quality. In the event that wine you have purchased appears not to be of acceptable quality, please provide Knappstein with written notice as soon as possible to email@example.com giving reasonable particulars of the quality issue.
What if the wine I have ordered is out of stock?
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.
How has the Knappstein limited its liability?
- As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law (Consumer Rights), which cannot be excluded or limited by Knappstein. Your Consumer Rights include statutory guarantees that any wine supplied to you will be of an acceptable quality, and will be fit for any notified purpose. Nothing in these terms and conditions is intended to exclude, restrict or modify your Consumer Rights.
- Knappstein makes no representations or warranties, express or implied, other than terms, conditions and warranties implied by law and incapable of exclusion, with respect to the availability, performance, security, characteristics or operation of the wine offered by Knappstein and will not be responsible for breach of any such representations or warranties.
- Apart from any other remedy that you may have a right to under law and that cannot be excluded, Knappstein limits its liability for a breach of your Consumer Rights, at the option of Knappstein, to:
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
- in the case of wine, the replacement of the wine or the supply of equivalent wine or the payment of the cost of replacing the wine or acquiring equivalent wine.
- Apart from any loss or damage that you may have a right to under law and that cannot be excluded, Knappstein will not be responsible for any loss or damage (including but not limited to any direct, indirect or consequential loss, damage, expense or injury suffered) that was not reasonably foreseeable to both parties at the time of entry into these terms and conditions, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
How can Knappstein make changes to terms
- Knappstein may amend these terms and conditions from time to time and will display any amendments on its website. You should regularly check the terms and conditions displayed on the website.
- If Knappstein decides to amend these terms and conditions in a way that it reasonably considers will substantially and adversely affect your rights, Knappstein will give you notice by electronic mail or by regular mail to the address provided by you in your account settings. Your submission of an order for any wine to Knappstein following receipt of such notice will constitute acceptance of the changes to these terms and conditions.
How will Knappstein use my personal information?
Unless you ask us not to, Knappstein may use your personal information to provide information to you about other wine and services that it may offer from time to time.
How do I communicate with Knappstein?
If you have a complaint or query, you can contact us by using any of the contact information set out below:
Postal address: 2 Pioneer Avenue, Clare SA 5453
Phone: 08 8841 2100
Fax: 08 8841 2101
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 should I 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: 50800858 and 50812627