1. INTRODUCTION
1.1 As a condition of using La Vigna’s website at www.lavigna.com.au, you agree to comply with and be subject to all the following terms of use, including our Privacy Policy (Terms and Conditions).
1.2 This agreement is between the customer (you) and AMT(WA) Pty Ltd ABN 66 658 436 572 trading as La Vigna (we, us, our or it).
1.3 This agreement exists between you and La Vigna once you have placed an order online and it is accepted by La Vigna.
2. ORDERING THROUGH OUR SITE
2.1 Any order placed through our site is an offer by you to purchase the particular product for the price notified (including any charges and taxes) at the time you place the order.
2.2 Our site is offered to you conditional on your acceptance without modification of the terms, conditions, policies and notices contained herein. Your use of our site constitutes your agreement to all such terms, conditions, policies and notices.
2.3 It is a condition of purchase that you verify that you are 18 years of age or older. If you fail to confirm you are over the age of 18, your order will not be processed.
2.4 You acknowledge that it is against the law to sell or supply Restricted Products to or obtain alcohol products on behalf of a person under the age of 18 years old.
2.5 You confirm that all information provided by you for the purpose of establishing your account is true, accurate and correct and you will notify us immediately of any changes to that information, this includes but is not limited to credit card or direct debit information. We will handle all personal information we collect in accordance with our Privacy Policy.3.
3. ACCEPTANCE OR REJECTION OF AN ORDER
3.1 All orders made through our site are subject to confirmation and acceptance by La Vigna.
3.2 La Vigna reserves the right to accept, refuse, or limit your order for any reason including but not limited to the unavailability of a product, incorrect pricing, vintages or due to any other error in relation to product descriptions on our website.
3.3 The order acknowledgment is not a contract and does not constitute the acceptance of your order but is only a record of your offer to purchase particular items at a particular price.
4. RETURNS & REFUND POLICY
4.1 If you notice that you have received wrong or broken items, please notify us within 24 hours of receiving the goods either by telephone or email and we will arrange for a replacement or full refund if applicable.
4.2 Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Subject to proof of purchase, you are entitled to the following:
(1) for any major failure, a replacement or refund and compensation for any other reasonably foreseeable loss or damage; and
(2) if the products fail to be of an acceptable quality, the replacement of the products.
La Vigna offers a 7-day return on certain* products that are proven to be faulty in any way if you give us access to most of the contents of the bottle with its original cork or cap to assess whether the wine is faulty. If the wine is determined not to be defective or faulty, you will be invoiced for the processing and freight costs associated with the return, and upon receipt of the invoiced sum, we will return the wine to you.
This does not apply to wines older than 15yrs where faults may be due to wine simply being to old, and this has affected the quality of the cork, colour or taste of the wine. Please note that LaVigna will never offer for sale any wine that we have any reason to believe is of an uncertain standard. It is important to note that some of wines fall under the ‘’Old & Rare’’ category. These wines are in excellent condition in terms of their cellaring history in our cellar. There may be instances where levels fluctuate and minor damage to labels so it’s not uncommon for wines of this age. Having said this there is a risk inherent to handling such items and the buyer must beware.
4.3 Please note that products will not be accepted by La Vigna for a refund or exchange due to a change of mind unless otherwise approved by management.
4.4 We are unable to offer refunds and replacements to overseas customers due to the challenges involved with assessing faults from afar and varying customs and taxes. If you are located outside of Australia, please consider this risk carefully before making your purchase.
5. CANCELLING AN ORDER
5.1 We may cancel, or refuse to accept, an order or part of an order at any time (including any orders that we have accepted or issued an invoice for) without any liability to you for that refusal or cancellation at any time (other than refunding any amount paid as set out in clause 4) if:
(1) the requested products in that order are not available;
(2) we are unable to process your payment;
(3) we reasonably suspect fraudulent or unlawful activity; or
(4) we do not delivery your order for reasons set out in clause3
5.2 If we cancel an order:
(1) for the reason set out in clause 5.1 we will provide you with reasonable notice of that cancellation and will not charge you for the cancelled order. If any payment has been taken for the cancelled order, then the full payment amount, including any bank fees and charges, will be refunded to your original payment method or through an alternative means selected by us and agreed to by you or where it is reasonably necessary for us to do so.
(2) for the reason set out in clause 5.1, we will provide you with reasonable notice of that cancellation and will refund you the full payment amount for the order (less any delivery fee) to your original payment method or through an alternative means selected by us and agreed to by you or where it is reasonably necessary for us to do so.
(3) or any other reason: we will provide you with reasonable notice of that cancellation and will refund you the full payment amount, including any bank fees and charges to your original payment method or through an alternative means selected by us and agreed to by you or where it is reasonably necessary for us to do so.
6. SUBSTITUTIONS OR MISSING ITEMS IN YOUR ORDER
6.1 If a product that you have ordered is not available and we have not provided you with a substitute, then we will provide you with a refund within 7 business days to your card of purchase to the value of the products that were not supplied to you.
6.2 You acknowledge that a product that you order may be out of stock or temporarily unavailable. If this happens, we will not be able to provide you with that product.
6.3 If we are unable to supply a product in an order, then we will endeavour to provide you with a substitute product. We aim to select substitute products that are of similar value and quality, but we reserve the right not to provide you with a substitute product even if a suitable substitute product is available.
6.4 For Pick Up and Delivery orders: if a product ordered by you is out of stock, we will endeavour to contact you to ask whether you wish to be provided with a substitute product of equal or greater value than the product you selected where we have identified a substitute product. If you agree, we will charge you the price of the product you ordered rather than the price of the substitute product.
6.5 If there are items missing from your Pick Up or Delivery order, please check the receipt that we provided to you to determine if the missing product is marked as out of stock. If a substitute product has not been provided, we will provide you with a refund to your card of purchase for the missing product(s). We will require your proof of purchase, and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not supplied to you, we will provide you with a refund within 7 business days for the products that were charged but not supplied to you.
7. DELIVERY OF PRODUCTS
7.1 In order to purchase goods from our site, the delivery address which you nominate will need to be within a location where La Vigna provides delivery services. All delivery options are at the discretion of La Vigna in compliance with all local and government accords and restrictions. Delivery to PO boxes in not available.
7.2 Please allow 5-14 business days for most delivery areas, delivery times will vary depending on your location and stock availability and may take longer than 14 days.
7.3 Perth Metro deliveries will generally be delivered within 5 business days.
Note: that the above delivery timeframes are indicative only and not guaranteed. In certain instances (eg: during periods of hot weather) we nay elect to hold shipping of your items. While every effort will be made to ensure prompt delivery without comprising the condition of your item. La Vigna does not cover or accept any responsibility for heat damage because of shipping.
7.4 Anyone at the delivery address, who receives the goods, shall be presumed by us to be authorised to receive the goods on your behalf.
7.5 Satisfactory evidence of proof of age of the person receiving the goods may be requested. If the person is unable or unwilling to provide satisfactory evidence of proof of age, we will refuse to deliver the goods. Goods will not be delivered to persons under the age of 18 or persons who fail to provide proof of age as accepted by us. You must ensure that a person over the age of 18 is available to accept the goods.
7.6 If there is no one at the delivery address or satisfactory proof of age is not provided, we may charge you an additional fee for re-delivery.
7.7 Once you have received the goods you will be responsible if they become damaged, lost or stolen.
7.8 Products will only be delivered to the person named on the order (or their nominee) or a person who is at the address you have nominated for delivery provided that person is over the age of 18.
7.9 If you are placing an order as a gift for another person, and provided you have confirmed that the gift recipient is over the age of 18, we are required by law to instruct the person delivering the order that the liquor must only be delivered to the recipient or to another person who is of or over 18 years and present at the address provided. You agree that we may rely on any person who is at the address you gave for deliver, and who takes receipt of your ordered products, as being authorised for that purpose.
7.10 We will not deliver your order if we consider the delivery of circumstances are unsuitable, including because:
(1) we have a reasonable belief the order recipient is intoxicated;
(2) we have a reasonable belief that an adult is purchasing alcohol on behalf of a minor or will supply alcohol to a minor;
(3) it appears, in our reasonable opinion, that the order recipient is in a school uniform, including a sports uniform, even if the individual is over the age of 18; and
(4) the order recipient is under the age of 18 or they fail or refuse to provide proof of identity or proof of age.
7.11 we may record all details relating to deliveries, including details of:
(1) age verification;
(2) photographs of completed delivery;
(3) each occasion where a delivery person refuses to deliver an order because:
(a) the recipient was a minor;
(b) in the case of a first-time order that is not a gift, the person who placed the order was not home to accept the order or could not provide appropriate identity verification;
(c) in the case of a gift, neither the recipient or another person at the delivery address was present or able to produce appropriate proof of identity; and
(d) the recipient was intoxicated or there was a substantial risk they were intoxicated;
8. PICK UP ORDERS
8.1 Pick Up is available from our store location as shown on our site. An estimated collection time and date will be provided when you place your order.
8.2 You agree to comply with collection requirements specified in this clause 8.2 (1) to (3) and clause 7, and such other requirements as notified by us when you place your Pick Up order or within a reasonable period after you submit your order. If you do not agree to the new collection requirements notified to you after you have submitted your order, you may cancel your order, but it must be at least one day prior to the scheduled Pick Up, and we will provide you with a refund.
(1) you must collect your ordered products from our store address;
(2) you must verify your age and identity via an acceptable form of identification and providing your signature when you collect your order; and
(3) your photographic identification will be recorded at the time of collection of your order.
The personal information collected will be held and may be used in accordance with our Privacy Policy.
8.3 You may elect another person over the age of 18 years to collect your order on your behalf by notifying us at checkout of their name and mobile number so we can contact them when the order is ready. You warrant that the person collecting the products is authorised by you to do so and they have consented to you providing us with their name and mobile number for this purpose. Your representative must provide us with proof of their identity (including photographic identification).
8.4 If you or your representative do not supply the appropriate identification, we will not allow collection of your order, and we may initiate a cancellation of your order in accordance with clause 5.
9. PRICING
9.1 Pricing on our site is subject to change without notice.
9.2 The price payable for the goods shall be the price applicable on the date the goods are confirmed as ordered.
9.3 Pricing for all items on our site are quoted in Australian Dollars (AUD) unless otherwise stated.
9.4 All items include a compulsory 10% goods and services tax (GST), unless exempt from GST.
9.5 Any additional charges, such as delivery charges, when stated already include GST.
10. CONTENT
10.1 La Vigna endeavours to ensure that all product descriptions, images and prices are accurate at all times. However, due to the continual changes in product labelling and other variations by suppliers and reasons beyond our control, the website content may not fully reflect the available product at a particular point in time.
10.2 All data, prices and images of products are for illustration and information purposes only and may change or be varied without notice. This is beyond the control of La Vigna, and all products, images and descriptions are offered on our site in good faith and with the belief that all is correct at the time.
10.3 Changes may occur from time to time which may not necessarily be reflected on our site and therefore we reserve the right to make the necessary changes or updates to product descriptions and images.
10.4 Our site aims to include up to date pictures of the goods in the product list. At times, the pictures of the goods on the product list may differ from the goods actually supplied to you.
10.5 We do not warrant the accuracy of the information contained in the product list and recommend you read labels carefully before consuming the goods.
11. ERRORS, INACCURACIES AND OMISSIONS
11.1 Occasionally there may be information on our site that contains typographical errors, inaccuracies or omission that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
11.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our is or any related website is inaccurate at any time without prior notice (including if you have submitted your order).
11.3 We undertake no obligation to update, amend or clarify information on our site or any other related site, including without limitation, pricing information, except as required by law.
11.4 No specified update or refresh date on our site should be taken to indicate that all the information on our site has been modified or updated.
12. PAYMENT
12.1 For purchases made through our site, you must pay the fees and charges online using the online payment method listed below:
(a) Visa, Mastercard and Amex credit cards
(b) Visa and Mastercard debit cards
12.2 If we are unable to successfully process your payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
12.3 You authorise La Vigna to debit the amount that is payable for an accepted order from your nominated payment method for the fees and charges.
12.4 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
12.5 We will email you a tax invoice after you have placed your order which specified the total fees and charges for the products in the order.
13. PROMOTIONS AND OFFERS
Promotions advertised on our site are subject to these Terms and Condition, and also the following:
(1) promotions are only available via our site (unless specified otherwise) and for the period of time specified (if no period of time is specified, the promotion is only available whilst advertised or on show);
(2) promotions are subject to product availability and may not be available in all locations or stores (and may be subject to further limitations in certain locations or stores to comply with relevant laws or regulations);
(3) La Vigna reserves the right to apply reasonable quantity limits to any purchases; promotions may not be used in conjunction with any other offers or promotions, and are not redeemable for cash;
(4) wine is 750ml unless stated.
(5) multibuy offers apply to the quantity advertised only; and
(6) saves called out in relation to ‘New’ products are in comparison to the price that the product will be after the introductory offer period.
14. FRAUD AND RISK ASSESSMENT
We have processes in place to assist in detecting transactions that may be illegal or in breach of these Terms and Conditions. We may contact you by phone or email to confirm your payment and information details. If we are unable to confirm these details, we may not accept, or we may cancel, your order. If you are unsure whether the person contacting you is from La Vigna, please contact us on (08) 9271 1179
RISK AND TITLE
If you elect to Pick Up your order, risk in the products passes to you at the time of collection from La Vigna. If we are delivering your order to you, risk passes at the time they are delivered to you. Title to the products passes to you on the later of the date and time of:
(1) payment for those products; and
(2) for Pick Up orders, collection of those products from La Vigna; or
(3) for delivery orders, supply of those products by La Vigna.
15. FEES AND CHARGES
15.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(1) the purchase price of each product that is ordered; and
(2) any other fees and charges set out in these terms and conditions or as notified by us to you in advance of your placing an order.
15.2 All fees and charges identified in these Terms and Conditions and all prices for the products include GST where applicable.
15.3 The purchase price of each product is shown on the product’s page on our site at the time you place your order. The purchase price of a product on our site may not be the same or correspond to the prices in our store for the same product.
15.4 You acknowledge that:
(1) we are not required or obligated to match any prices for any products, including matching any prices for a product that is available through our site, at our store, or vice versa.
16. YOUR GENERAL OBLIGATIONS
You:
(1) must ensure that your username and password that are used to access our site and the details of your account kept in a safe manner.
(2) are liable and must notify us if you are or become aware that there is or has been an unauthorised use of your username and password.
(3) must promptly advise us of any changed to your information provided to us as part of the customer registration process.
(4) are responsible for any costs associated with your access to or use of our site, including interest access fees.
(5) are responsible and liable for any person that uses your username and password to order products through our site.
(6) agree that we may charge you for all products that we agree to supply to you that have been ordered using your username and password through our site.
(7) release and indemnify La Vigna in relation to any liability arising out of any issues related to your username or password.
17. GENERAL RESTRICTIONS
You must not:
(1) use our site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
(2) use our site in a manner or way, or post to or transmit to or via our site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying our site;
(3) make fraudulent or speculative enquiries, purchases or requests through our site;
(4) use another person’s details without their permission or impersonate another person when using our site;
(5) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(6) tamper with or hinder the operation of our site;
(7) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to our site;
(8) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of our site;
(9) modify, adapt, translate or reverse engineer any portion of our site;
(10) remove any copyright, trademark or other proprietary rights notices contained in or on our site;
(11) reformat or frame any portion of the web pages that are part of our site;
(12) create accounts by automated means or under false or fraudulent pretences;
(13) use our site to violate the security of any computer or other network or engage in illegal conduct;
(14) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(15) use our site other than in accordance with these Terms and Conditions; or
(16) attempt any of the above acts or engage or permit another person to do any of the above acts.
18. SUSPENSION OF ACCOUNT
18.1 We reserve the right to refuse service, terminate accounts and/or remove or edit content if we reasonably believe that you have likely acted in breach of these Terms and Conditions or have used our site in a fraudulent or unlawful manner.
18.2 If we lock, suspend or delete your account under clause 19.1, and your order was cancelled, then we will refund you for your order (if applicable) in accordance with these Terms and Conditions by direct deposit to your nominated account, once we have conducted our verification and necessary checks.
19. WARRANTIES
You warrant that:
(1) all information and date provided by you to us through our site (including as part of the customer registration process) is true, accurate, complete and up to date; and
(2) you have and will comply with all relevant laws relating to your use of our site and your placement of an order with us.
20. LIABILITY
20.1 Our Returns Policy includes the rights you have under the Australian Consumer Law and provides you with additional benefits in addition to those rights, because your satisfaction is important to us.
20.2 Your rights under the Australian Consumer Law: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(1) to cancel your service contract with us; and
(2) to a refund for the unused portion, or to compensation for its reduced value.
20.3 You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
20.4 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law or our potential liability under those provisions:
(1) you acknowledge that our site and each product is provided “as is” and that we do not make any warranty or representation as to the suitability of our site or a product for any purpose;
(2) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the products, services and our site or the subject matter of this agreement to the maximum extent permitted; and
(3) we (and our related bodies corporate, agents, employees, officers and representatives) will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind).
Our liability (and any liability of our related bodies corporate, agents, employees, officers and representatives) to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether the liability arises in contract, tort (including negligence), under any statute or otherwise.
21. TERMINATION
21.1 We may immediately suspend, terminate or limit your access to and use of our site and (where relevant) your account for any reason, including:
(1) if you breach these Terms and Conditions and:
(a) the breach cannot be remedied; or
(2) if it is required by law; or
(3) if there is an event or circumstances outside of our control which causes us to be unable to comply with all or a material part of our obligations, or results in us being unable to enforce our rights, under these terms and conditions.
21.2 You may stop using our site at any time and for any reason.
21.3 We may stop making our site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
22. PRIVACY AND RECEIVING COMMERICAL ELECTRONIC MESSAGES
22.1 You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail) where you have not opted out (as described below) from receiving such electronic messages sent to you by La Vigna via those channels or media. Your agreement to receive commercial electronic messages from us will be effective until you opt out.
22.2 You may opt out of the receipt of commercial electronic messages, by using the unsubscribe facility in the footer of any commercial electronic message. In limited circumstances, our cybersecurity controls may block you from accessing our site in order to unsubscribe. If this happens, please send us an email with the channel(s) (i.e., email or SMS) that you wish to unsubscribe from, and we will ensure that your request is actioned as soon as possible.
22.3 Regardless of whether you opt-out of any and/or all commercial electronic messages (including email, SMS or push notifications, where applicable), you agree to still receive service-based electronic messages relating to your La Vigna account, including changes to these Terms and Conditions or Privacy Policy, account transactions or important information (for instance recall notices) relating to products you have purchased or other information we are required to provide you by law.
22.4 Your agreement to receive service-based electronic messages is effective until such time as you elect to terminate your La Vigna account. You may not opt-out of receiving service-based electronic messages without terminating your La Vigna account. You will need to email us to terminate your account, and you will thereafter no longer receive commercial electronic messages or service-based electronic messages which are sent to La Vigna account holders.
22.5 You acknowledge and agree that we are not required to include an unsubscribe function in electronic messages where it may be impracticable for us to do so. This may include push notifications or service-based electronic messages (such as account creation and order confirmations) that contain hyperlinks to website content that is primarily factual in nature, such as our Privacy Policy or Terms and Conditions, where such pages incidentally contain commercial content (for example in the page footer).
22.6 We may send service and marketing-related notifications to your device provided that you have opted-in to receiving such notifications on your device. You can opt out from allowing La Vigna to send you notifications.
23. INTELLECTUAL PROPERTY RIGHTS
23.1 You:
(1) acknowledge that the copyright in our site, the software, design, text and graphics comprised in our site, the selection and layout of our site and the content and materials on our site (together, the “Materials”) are owned by or licensed to us;
(2) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(3) must not frame or embed in another website any of the material appearing on our site without our prior written consent.
23.2 We grant you a temporary, non-exclusive licence to:
(1) store a reproduction of the content on our site (in unaltered form) on your local computer for the sole purpose of viewing the content and Materials; and
(2) print hard copies of the content on our site (in unaltered form) for the sole purpose of viewing and purchasing products but not for any other use, including commercial use, other than for content where express notice is given to the contrary.
23.3 Our site contains registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on our site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on our site that are owned by other third parties (including our suppliers) without obtaining the relevant third-party owner’s consent.
23.4 All the content on our site is copyrighted by La Vigna 2020 and/or its supplies and all rights are reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
24. CHANGES TO THESE TERMS AND CONDITIONS
24.1 La Vigna reserves the right to change these Terms and Conditions at any time, without notifying you and such modifications will be effective as soon as they are posted. For future orders, these Terms and Conditions may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process. If following any such change you continue to use our site, then you will be deemed to have accepted those changes or modifications.
24.2 If you have an order that has been accepted by us, the Terms and Conditions that will apply to the order are the Terms and Conditions that applied at the time when you placed your order.
25. GENERAL
25.1 Our site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:
(1) we make no representations or warranties, or have any responsibility or liability for those websites or you are accessing and/or using those websites; and
(2) these links do not indicate, expressly or impliedly, that we endorse our site or the products or services that are provided at those sites.
25.2 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
25.3 This agreement is governed by the laws of Western Australia, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
25.4 We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on our site, including in relation to product descriptions or other content of this site is provided in good faith. The reviews and opinions on this website may not be reliable, accurate or complete or timely and you should make your own enquiries.
25.5 We do not accept responsibility for any interference or damage to your computer system, including loss of data or security breaches, which may arise in connection with your use of our site or any linked website.
26. PRODUCT REVIEWS
We are not responsible for reviews or comments left on this site by users and accept no liability for the accuracy, completeness, or truthfulness of those reviews.
27. DEFINITIONS
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Restricted Product means a product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as products containing liquor, tobacco or sharp objects.
28. INDEMNITIES
28.1 You agree to indemnify and hold us suppliers, affiliates, partners, subsidiaries and employees (‘Indemnified Parties’) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to legal fees), incurred by an Indemnified Parties arising out of or related to:
(1) your breach of these terms;
(2) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you;
(3) any dispute or litigation between an Indemnified Party and a third party caused by your actions;
(4) your negligence or violation or alleged violations of any rights of another.
28.2 These obligations outlined in clause 29.1 will survive any termination of your relationship with us or your use of our site. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any faut, negligence, or breach of warranty or contract of ours and / or our suppliers, affiliates, partners, subsidiaries and employees.
Last updated: 2025
