TERMS & CONDITIONS

Terms of access to the Website (Terms of Access)

This website (referred to in these Terms of Access as the Website) is owned and operated by Fourth Wave Wine Partners Pty Limited, who is referred to in these Terms of Access as “we”, “us”, “our” and similar grammatical forms.

These terms of use govern your use of (website link) including all copyright, data, test, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content).

Please read these Terms and Conditions carefully. BY USING THE WEBSITE YOU ARE AGREEING TO THESE TERMS.

The Website and all Content is operated and owned by Fourth Wave Wine Partners Pty Ltd (ACN 126 837 143) with the principal place of business at Charlestown, NSW Australia 2290.

1. Sale of Alcohol

Under the Liquor Licensing Act it is an offence to supply alcohol to a person under the age of 18 years (Penalty of $6,000.00) and/or for a person under the age of 18 years to purchase or receive liquor (Penalty $500.00). As part if the conditions of use of this site, you warrant that you are over the age of 18 and you are not purchasing liquor for any person under the age of 18 years of age.

Liquor Licence No. 36303595

2. Pricing

All prices quoted exclude/include GST and are in Australian Dollars (AUD). All pricing is subject to change without notice.

3. Use of Website

(a) You may only use the Website and the Content on the Website for personal, non-commercial purposes provided you do not remove any copyright and trade mark notices contained on the material unless Fourth Wave Wine Partners Pty Limited provides express written consent.

(b) All content included on this site, such as text, graphics, logos, button icons, images and software, is the property of Fourth Wave Wine Partners Pty Limited or its content suppliers and is protected by international copyright laws. This excludes property in which the rights of third parties are explicitly and immediately acknowledged.

(c) Any improper use, including but not limited to the reproduction, modification, distribution, transmission, republication or display of the content on this site is strictly prohibited. Except for the limited use set out in clause 3(d) you may not use the Website, or the material contained on it, for any purpose. This involves:

(i) the reproduction of the material in any material form;

(ii) the distribution of the material in any material form;

(iii) re-transmission of the material by any medium of communication;

(iv) uploading or reposting the material to any other site on the Internet; and

(v) “framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

(d) Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

(e) You must not breach the security of the Website, test or scam the vulnerability of the Website, or make unauthorised modifications of the Website.

(f) You must not interfere with any other person’s enjoyment of the website.

(g) We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:

(i) re-sold or re-distributed in any material form;

(ii) stored in any storage media; or

(iii) re-transmitted in any media, without our prior written consent.

In addition to these Terms, the Fourth Wave Wine Partners Privacy Policy applies to the Use of the Website and various parts of the Website may be subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.

4. Third Party Websites

(a) This Website may contain hyperlinks to web sites on the internet owned and operated by third parties (Third Party Websites) and which are not under our control.

(b) In relation to the other sites on the Internet, which are linked to the Website, we provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site.

(c) Fourth Wave Wine Partners Pty Ltd makes no representations or endorsements and accepts no responsibility for the content or use of any such external site accessed through ours. As part of the terms and conditions for the use of his site you acknowledge that Fourth Wave Wine Partners Pty Ltd has no control over the content on external sites we may link to.

5. Limitation of Liability

(a) We do not warrant, guarantee, or make any representation that:

(i) the Website, or the server that makes the site available on the Internet are free of software viruses;

(ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

(iii) errors and defects in the Website will be corrected.

(b) We are not liable to you for:

(i) errors or omissions in the Website, or linked sites on the Internet;

(ii) the accuracy or completeness of any information available on the Website;

(iii) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

(iv) defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

(d) This clause 5 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

if the breach of an implied warranty or condition relates to services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again; and

if the breach of an implied warranty or condition relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods; or

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

(e) Except where prohibited by law, Fourth Wave Wine Partners Pty Ltd will not be liable for any loss, damage, liabilities or claims and expenses that you may suffer due to the use of the Website, including use of any information on it. You use the internet and the Website at your own risk.

(f) Nothing in these terms limits your rights under Australian Consumer Law.

6. Use of personal information gathered

(a) We and any people or legal entities authorised by us may gather and process the personal information:

(i) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and

(ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

(b) We may authorise others to offer you goods and services using the information acquired, as described in clause 6(a)

(c) We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy for details of how we collect, store and use your personal information.

7. Intellectual property rights

All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

8. Termination of access

Fourth Wave Wine Partners Pty Ltd reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to breach of these terms. The suspension or termination shall not affect either party’s rights or liabilities. Fourth Wave Wine Partners Pty Ltd have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

9. Alteration of Terms of Access

We reserve the right to change these Terms of Access:

(a) with or without further notice to you; and

(b) without giving you any explanation or justification for such change.

10. Governing Law

(a) If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) These Terms of Access will be governed by and interpreted in accordance with the law of New South Wales in Australia, without giving effect to any principles of conflicts of laws.

(c) You agree to the jurisdiction of the courts of New South Wales in Australia to determine any dispute arising out of these Terms of Access.

Orders, Delivery and Collection of Goods

1. Delivery (Within Australia)

Fourth Wave Wine Partners Pty Limited offers delivery Australia wide by DHL and Fastway Couriers. Delivery costs are calculated at checkout. Allow 5-10 business days for delivery. We are not liable for any fluctuation in delivery times.

Please ensure that there is someone present at the delivery address you provide to receive your order as signature will be required.

In accordance with the Liquor Licensing Act and responsible service of alcohol principles, our delivery couriers have been instructed to request a valid form of identification for anyone who appears to look under the age of 25 years.

2. Collection or Click & Collect orders

Collection of Orders is from the Click & Collect collection point selected by you to collect the goods consistent with your Click & Collect order. Click & Collect facilities are available from selected locations throughout Australia. Collection will be available within the timeframe specified from when the order has been placed.

Address for collection is 'Suite 1 Level 3 240-244 Pacific Highway Charlestown 2290 NSW'.

3. Undelivered Goods

If you have placed a order and have not received delivery within 10 business days, please advise sales@fourthwavewine.com.au. Please have your order confirmation email on hand (you will receive this after you place your order).

4. Returns Policy

We have a 30-day return policy, which indicates there is a 30-day window post-receival of the item to request a return is the product is fault or broken. We do not refund products for change of mind in line with food and health standards, and current Covid-19 parameters

To be eligible for a return, the item must have been broken in transit, which would either be reported by the logistics company or by the customer upon being received and opened. Please take a photo of the issue and send it to sales@fourthwavewine.com.au. If you find your item is faulty in taste or is showing tampering, please take photos of this as well and contact us at your earliest convenience.

To request a return, please email sales@fourthwavewine.com.au with the order number, product purchased and any other information. If the return is accepted, we will send a return shipping label, as well as instructions on how and where to send the package. Items sent back without first requesting a return will not be accepted.

5. Damages and Issues

Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we may evaluate and resolve the issue.

6. Exceptions / Non-returnable items

We do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. Unfortunately, we cannot accept returns on sale items or gift vouchers.

7. Exchanges

The fastest way to ensure the correct order is received is to contact us and return the item you have. Once the return is accepted, please make a separate purchase for the new item.

8. Refunds

We will notify you once we have received and inspected the return, and let you know if the refund is approved. Once approved, you will be automatically refunded on your original method of payment. Please note it can up to 3 business days to process the refund depending on your bank or credit card company.

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