Copyright in all materials appearing on this website is, except where noted to the contrary, the property of Branxholme Pty Ltd Trading As Saltire Estate ; ABN 84605778158 (Hereinafter referred to as “Saltire Estate”)
The Saltire Rewards Club is a customer Loyalty program referred to as “the Saltire Clan “ which provides customers of Saltire Estate benefits which are dependent on the money they spend at Saltire Estate.
Once enrolled Customers receive points every time they make a purchase from Saltire Estate or at the discretion of Saltire Estate.
Rewards Points cannot be used in conjunction with any other offer or promo and expire 12 months from the date of your last purchase. Customers must be over the age of 18 to join the Saltire Clan. Saltire Estate promotes the responsible service of alcohol. Saltire Estate reserves the right, from to time, to restrict, suspend or otherwise alter aspects of these Terms & Conditions with or without any prior notice to Saltire Clan members. Any such changes will be shown in the Terms & Conditions on http://saltireestate.com.au and will be effective immediately unless stated otherwise. Saltire Estate will attempt to notify active members of major changes, but will not be liable for failure to do so and members will nevertheless be bound.
Limitation of Liability
To the extent that Saltire Estate breaches any condition or warranty implied into the arrangement between Saltire Estate and you and which cannot be excluded or modified, Saltire Estate’s liability is limited to, at Saltire Estate’s discretion, either:
- replacement of the goods or supply of equivalent goods; or
- payment of the cost of replacing the goods or acquiring equivalent goods;
- and in the case of services, to:
- supply of the services again; or
- payment of the cost of having the services supplied again.
Subject to the foregoing, Saltire Estate is not liable to you (or to any third party claiming through you) for, and you release Saltire Estate from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property (“Loss”) caused by any act or omission of Saltire Estate, its employees or agent, and whether based on negligence or other tort, contract or otherwise.
Saltire Estate may give notice to you by text, SMS , electronic mail or by regular mail to your address or phone contained in the registration or account sign up information provided by you.
Promotions and Clearances
All specials, promotions, clearances, offers and discounted items advertised are available only while stocks last unless otherwise advertised.
The laws of New South Wales govern this Contract.
Terms of Sale
Nature of the Contract
- The Parties to this Contract are:
- Branxholme Pty Ltd Trading As Saltire Estate ABN 84605778158 (referred to herein as Us, We, Our); and
- The persons listed or stated in the Order (referred to herein as You, Your).
- By entering Your details to place an Order, You are offering to make a Contract to purchase Goods with Us. If We accept Your Order, the Goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.
- We support the responsible service of alcohol.
Definitions and Interpretation
- These Terms of Sale (including any terms or policies it incorporates by reference) constitute the entire Agreement governing Your purchase of Products or Services from Us (Agreement) and supersedes any previous negotiations, representations, understandings or arrangements, whether oral or in writing.
- Where an Order consists of multiple Deliveries whether on a single day or over a period of time, this Agreement applies to each Delivery.
- This Agreement must be interpreted so that it complies with all Legislation applicable in New South Wales. If any provision of this Agreement does not comply with any law, then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be treated as severable from the rest of the Agreement. This approach is to be used equally where any court is construing this Agreement and finds an invalid provision.
- Any grammatical form of a defined word or expression has a corresponding meaning.
- The use of gender includes other genders and the singular includes the plural and vice versa.
- We do not waive a right or remedy created by this Agreement except where We give You a written, signed waiver. Any delay in exercising our rights or remedies under this Agreement is not a waiver of those rights or remedies, nor does Our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or any other right We have.
- You must not assign, sell or transfer Your interest under this Agreement. We may, at Our discretion, assign, sell or transfer Our interest in this Agreement by notice in writing to You.
- In these Terms of Sale:
- Closing Date means the payment date for a Regular Delivery Order
- Delivery means any delivery of Goods to You requested in an Order.
- Delivery Address means the address stated for deliver on Your Order.
- Delivery Charges means fees plus any GST for freighting and delivery of any Goods to You.
- Goods means wine and alcoholic beverages and any other goods We supply to You from time to time including any supplied as part of the Additional Benefits.
- Member means any person who is accepted as a member by Us after receiving a completed membership Account.
- Order means any oral or written request that You give to Us and which is accepted by Us to supply You with Products, including any Order for a Regular Delivery service which is given via Our website, by phone, by facsimile, by regular mail, by email, or in person.
- Product Price means the price of the Goods You Order including GST but excluding Delivery Charges.
- Products means any Goods or Service as the context dictates.
- Services means any services We supply to You including any services supplied as part of the Additional Benefits.
- Total Price means the Product Price plus the Delivery Charges.
- This Agreement is governed by the laws of the State of New South Wales. Any proceeding under or in connection with this Agreement must be taken in the appropriate Court in that State or any Court competent to hear appeals from those courts.
- The Parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales and waive any right to object to proceedings being brought in those Courts.
- You can give notice to Us under this Agreement by telephoning Our Customer Service Team, writing to Us at Our address as set out on Our website, or by emailing Us at email@example.com. If You write to Us, the letter must be clearly legible and signed by You.
- We can give notice to You by writing to You, telephoning You, emailing You or sending You a fax using the contact details You provide Us from time to time.
- Any notice sent under this Agreement will be taken to be received by the other party:
- in the case of a letter, on the third business day after the date of posting;
- in the case of a fax, on production of a transmission report by the machine from which the facsimile was sent which indicates that the fax communication was sent in its entirety to the fax number of the recipient; and
- if the time of dispatch of a facsimile is not on a business day, or it is after 5.00pm (local time) on a business day, at the commencement of the next business day.
- We may add to, delete, or otherwise change any of the terms of this Agreement at any time. We will post the up to date terms (New Terms) on Our website and the New Terms will be effective immediately on posting. You are responsible for monitoring the website for New Terms. If You do not consent to any New Terms You must notify Us immediately that You terminate this Agreement. Your placement of any further Order or continued use of any Products indicates Your acceptance of the New Terms.
- Including any other right to terminate this Agreement, an Order or Delivery as set out in this Agreement, by giving the other party notice in accordance with clause 4:
- either party may immediately terminate this Agreement:
- if the other party breaches this Agreement; or
- if the other party is insolvent or bankrupt.
- We may cancel this Agreement including any existing Regular Delivery service and cancel all Deliveries without liability to You;
- if required to do so by law; or
- without reason and any unused advance payments will be refunded to You
- Termination of this Agreement does not affect any accrued rights and liabilities of either party.
- It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
- If You purchase Products from Us, You warrant to Us that:
- You are over the age of 18 years; and
- any person that You are obtaining the Products for, or supply the Products to, is over the age of 18 years.
- We reserve the right to cancel any Order or refuse to supply You with any Products you Order if We are not satisfied that You meet the requirements of clause 7b.
Representations of Goods
- Although We aim to include the most up to date pictures of the Goods in Our materials and on Our website, pictures are for illustrative purposes only and should not be relied upon.
Promotions and Special Offers
- Any stated terms and conditions of specials, promotions, clearances, offers and discounted items apply in addition to the terms of this Agreement.
- Any specials, promotions, clearances, special offers or discounted items We advertise or offer to You are available only while stocks last unless We state otherwise.
- We may terminate any promotions, clearances, special offers or discounted items without advance notice.
Acceptance and Filling Orders
- Any Order may be accepted or rejected by Us in Our absolute discretion. This Contract only comes into existence when We accept Your Order. No obligation to sell the goods will arise until such acceptance.
- We will make reasonable endeavours to fill Your Order, however We do not guarantee that Products You request will be available.
- Unless otherwise agreed We will not provide rainchecks for Goods You Order that are unavailable.
- If the Goods You request are unavailable:
- We will replace the Goods with other Goods of equivalent value and quality; or
- You may cancel the Order or return the Goods to Us in accordance with clause 17 and We will refund any monies You have paid to Us in relation to that Order.
Fees and Charges
- Freight Charges are payable in addition to the Product Price.
- Unless otherwise stated in this Agreement or agreed to in writing by Us, You must pay Us the Total Price including any GST applicable to Your Order in accordance with the payment methods, and at the time set out on Our invoice, or as otherwise advised when You submit an Order.
- Our prices are subject to variation.
- Prices quoted are inclusive of GST.
- Prices are stated in Australian Dollars.
- Where We become aware the price of any Goods shown on Our website or in Our materials is incorrect by being:
- higher than the correct price We will refund the overpayment to You by providing You with a cheque or crediting any overpaid amounts which may have been debited to Your credit or charge card; or
- lower than the correct price, We reserve the right to not accept such Orders for Goods or cancel the Order even if the Order has been accepted and payment received.
- 2. Prior to cancelling or rejecting Your Order, We will contact You and offer You the option of amending Your Order and proceeding with the purchase of the Goods at the correct price.
- 3.If You decline to proceed with the purchase of the Goods We will refund any payments to You by providing You with a cheque or crediting any amounts which may have been debited to Your credit or charge card.
- If you become a loyalty Clan Club Member, these Purchase Terms apply to You..
- We may also provide You from time to time with certain membership benefits, such as exclusive member offers, discounted member pricing, copies of Indulge magazine or other benefits (Member Benefits).
- We reserve the right to add to, vary, substitute or omit the Member Benefits at any time, in Our absolute discretion, and without notice to You.
Privacy and Personal Information
- The personal information We collect from You generally includes Your name, address, telephone number/s and information required for order processing and payment. We may also collect information from You concerning Your preferred wine type/s and other information as required for Our normal business functions.
- We collect Your personal information through a range of sources You provide over the telephone to our staff or member of our Customer Service Team, surveys and questionnaires You complete, and at Our related events and functions.
- We use Your personal information to provide products and services and Additional Benefits.
- We will not be obliged to continue to Deliver Goods to You if Your Delivery Address is not in an area within which We deliver Goods.
- In addition to the Product Price, You must pay any applicable Shipping Cost which will be advised at the time of purchase.
- The amount of the Shipping Cost may vary depending on the Delivery Address and quantity of Products ordered.
- Unless otherwise agreed by Us, a Delivery will not be made until We receive the Total Payment relating to that Delivery and We reserve the right to cancel any Order or suspend any Delivery if We have not received the Total Payment prior to dispatch.
- We may cancel an Order or refuse Delivery and anyone making a Delivery may refuse to deliver the Goods to a person if they fail to provide proof of age satisfactory to Us or the person delivering the Goods that the recipient is aged eighteen (18) years or over.
- We are required by law to give written instructions to the person responsible for delivering the Goods, requiring that the Goods be delivered:
- to the adult person who placed the order; or
- in accordance with Your instructions for the Delivery, to another adult person over eighteen (18) years of age.
- Subject to clauses 12e and 12f, anyone at the Delivery Address who receives the Goods will be presumed by Us to be authorised to receive the Goods on Your behalf.
- While We will use all reasonable endeavours to deliver by any requested or agreed date, We do not guarantee Delivery on that date and are not liable for any loss resulting from late Delivery.
- If a Delivery is refused by You or Your representative, Fees may apply.
- We offer the option of providing Delivery instructions to have Goods left at point of Delivery. All efforts will be made to ensure these instructions will be followed but it must be clear that You take on this option at Your own risk.
Risk and Title
- Risk in the Goods passes to You upon delivery of the Goods to the Delivery Address.
- Title in the Goods passes to You on receipt of the Total Price by Us.
- You may return Goods We have delivered to You for any reason in accordance with this section.
- If You wish to return Goods to Us, You must notify our Customer Service team within seven (7) days of the Delivery and provide Us with the details of the Delivery so that We can assess Your concern.
- Upon confirmation of the return from Us under clause 17b, You must take the Goods to an Australia Post outlet, and return them to Us using Our reply paid address.
- The Goods must be in good order and have Your details clearly marked on the carton. Upon receipt and validation of the returned Goods to Us, Your account will be credited or a new Order issued.
- Where Goods are returned to us without Our approval under clause 17b, Fees will apply.
- Old, cellared and back vintage wines are in excellent condition in terms of their cellaring history in our cellar. There is risk inherent to handling such items and the buyer must beware. You accept all losses ensuing from purchasing a tired or undrinkable old, cellared or back vintage wine. There is no guarantee of refund or replacement. Please note that We will never offer for sale any bottle that is suspected of being undrinkable for any reason.
- No refund or return is available for wines more than seven days after delivery.
- We cannot be held responsible for wine that is stored incorrectly.
- To the fullest extent permitted by law, We exclude all warranties (whether express or implied) in relation to any Products or Additional Benefits, and will not be liable to You for any loss, cost, damage or expense You suffer in connection with or arising from Our provision (or failure to provide) the Products or Additional Benefits.
- We do not make, and have not made any warranty or representation as to the suitability of any Products We supply for any particular purpose.
- We do not warrant the accuracy of information contained on Our website, catalogues or other materials and recommend that You read the label on Goods carefully before consuming the Goods.
- To the fullest extent permitted by law, We will not be liable for any loss, damage to property, personal injury or death arising from or in connection with the use of any Products by You or any third party. You use the Products at Your own risk.
- We will not be liable for any consequential or indirect loss or loss of profits, opportunity or chance You suffer in connection with this Agreement or any Products used by You.
- To the extent permitted by law, You agree that Our liability arising out of or in connection with any breach of an express or implied warranty or condition of Our Agreement is limited to:
- if the condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods, or the payment of the cost of replacing the Goods or of acquiring equivalent Goods; and
- if the condition relates to Services, the supplying of the Services again or the payment of the cost of having the Services supplied again.
- You acknowledge and agree that any trade marks, logos or copyright materials which appear on Our website, catalogues or other materials produced by Us (or on Our behalf) and distributed to You are owned by or licensed to Us, and that You must not do anything to prejudice Our rights or those of the owner in relation to those trade marks, logos or copyright materials.
- If Delivery of an Order to You is deemed undeliverable by the assigned carrier, the carrier will advise Us, and We will attempt to contact You to arrange re-delivery of the Goods.
- Where re-delivery cannot be completed, the assigned carrier will return the Goods to Us and Fees will apply.
- If You receive a Delivery with one or more broken bottles, We will issue You a credit in the amount paid for the broken bottles or send replacement bottles at Our discretion if You notify Us within seven (7) days of the delivery date.
- We may ask You to provide proof of the damage, as a condition of refund or replacement.
- Restrictions on the carriage or possession of alcohol are in place in some regions of Australia. If You live in an area which is the subject of such restrictions, it is Your responsibility to be aware of the extent of such restrictions and the legal implications of these restrictions prior to proceedings with Your alcohol purchase from Us.
- We are not liable for any confiscation of alcohol and/or financial or other penalties arising from the breach of such restrictions caused by the attempted delivery by Us of Your Order.