The following are the terms and conditions of trading with Woody Nook Wines Pty. Ltd. ("Supplier") for the supply of Supplier's goods ("Goods") to any third party ('Buyer"). They have been formulated under the guidelines of "Building Consumer Sovereignty in Electronic Commerce: A best practice model for business" produced by the Australian Ministry for Financial Services & Regulation
1.1 The Buyer may make an order for Goods from the Supplier by online order, by e-mail, facsimile or by means of a postal or telephone order.
1.2 The Buyer shall be responsible for ensuring the accuracy of the order. By placing an order for the Goods the Buyer shall be deemed to have accepted these conditions.
2. Foundation of Contract and Specifications
2.1 No Contract will subsist between the Supplier and Buyer for the sale of any Goods until the Supplier accepts your order by e-mail confirming that it has shipped the product.
2.2 The Supplier cannot guarantee product availability, although the Supplier will endeavour to only advertise on this website those wines which are available and remove wines whenever they are no longer available. In the unlikely event that an ordered wine is not available, the Buyer shall be notified and given the option to change the order.
3.1 Although the Supplier will undertake to ship the Goods within 2 days of receipt of the order, the Buyer will be notified of either the on-time despatch date or of any delay that may occur due to unforeseen circumstances.
3.2 Subject to clause 3.1 any date quoted for delivery of the Goods is approximate and the Supplier shall not be liable for any delay in delivery of the Goods.
3.3 It is the Buyer's responsibility to check the freight charge as it is additional to the price of the Goods. In the case of an order being delivered within Australia, the cost is shown on the order form and included in the total. In the case of overseas orders, the cost will be advised to the Buyer by the Margaret River Regional Wine Centre.
3.4 The Buyer shall report any damage to the Goods during transit to the Supplier within seven days of delivery.
4.1 Prices quoted on the Supplier web-site are shown inclusive of Goods and Services Tax (GST).
4.2 Prices are subject to alteration. The Supplier will endeavour to update the web-site prices whenever a change takes place, but if a change takes place before the update has been made, the Buyer will be notified prior to the Supplier's acceptance of the order.
5.1 The methods of payment are detailed on the website.
5.2 Payment for the Goods is always subject to clearance prior to the Supplier despatching the Goods.
6. Warranties and Liability
6.1 The Supplier offers a no quibble three month warranty subject to the Goods being returned to base and the Supplier receiving notification of such return prior to the Buyer returning the Goods. In such cases the Supplier shall be entitled to replace such returned Goods free of charge. If for any reason this is not appropriate, a full refund will be offered.
6.2 To the fullest extent permitted at law the Supplier will not be liable for damages arising out of or in connection with the use of this web-site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, of or damage to property and claims of third parties. For the avoidance of doubt the Supplier does not limit its liability for death or personal injury to the extent that it arises as a result of negligence of the Supplier.
6.3 For the avoidance of doubt where Goods are sold under a consumer transaction the statutory rights of the Buyer are not affected by these Terms and Conditions.
7.1 The Supplier shall not be under any liability for any failure to perform any of its obligations hereunder due to Force Majeure. Following notification by the Supplier to the Buyer of such cause, the Supplier shall be allowed a reasonable extension of time for the performance of its obligations. For the purposes of this clause 7.1 "Force Majeure" means fire, explostion, flood, lightning, Act of God, act of terrorism, war, rebellion, right, sabotage or official strike or similar official labour dispute or events or circumstances outside the reasonable control of the Supplier.
7.2 If any provision of these Terms and Conditions is declared by any judicial or anyother competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either party from any competent authority, then that provision shall be limited or eliminated to the minimum extent necessary so these Terms and Conditions shall otherwise remain in full force and effect and enforceable.
7.3 These Terms and Conditions supersede any prior agreement between the parties whether written or oral under such prior agreements.
7.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and the Australian Courts shall have non-exclusive jurisdiction to decide any dispute concerning these Terms and Conditions or the subject matter of these Terms and Conditions.
7.5 No waiver by Supplier of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provisions.