Terms and Conditions of Sale

Introduction

In addition to our Terms & Conditions, these terms and conditions apply to any orders and purchases you make from this website. These terms may be amended by us from time to time and it is your responsibility to check the terms on each occasion you intend to place an order, to ensure that you are aware of any amendments we have made.

 

Product descriptions

 

We make every endeavour to be as accurate as possible when describing our goods on this website. However, to the extent permitted by law, we do not warrant or represent that any product descriptions or product information displayed on this website is complete, accurate, current, reliable or error-free.

 

Online Sales

 

You are not permitted to purchase goods from us:

• if you are aged under 18 years;
• if you are acting on behalf of a person under the age of 18 years, or intend to provide the alcohol you are purchasing to such a person;
• for re-sale purposes (all goods must be purchased for personal use only);
• for delivery outside Australia; or
• which are outside any order limits or restrictions which we may apply to our wines on this website.

By placing an order through this website, you are warranting and representing to us that:

• you are aged 18 years or over;
• are not purchasing goods for the purposes of re-supply or re-sale;
• and are not obtaining alcohol on behalf of a person under the age of 18 years. 

If we have a concern regarding any order you place, we may contact you using the contact information provided to us to obtain further information.

We reserve the right, in our absolute discretion, to accept any order for the supply of goods (in whole or in part) or decline or cancel any order, including if we have reason to believe you have purchased products for re-sale purposes.

Your placement of an order is an offer to purchase the goods described in the order at the price specified on this website.  A separate contract of sale is formed for the supply by us, and purchase by you, of the goods specified in each order you place, only if we accept your orders.  Any such contract of sale is on these terms and conditions to the exclusion of all others. 

We will indicate our acceptance of an order by providing you with an order confirmation using the contact information provided by you to us at the time of your order. 

Any and all sales are subject to the availability of stock.  We are not liable to you in respect of those goods that we are unable to supply to you, provided that we refund to you any amounts paid by you in respect of the unsupplied goods.

 

Cancellations, Returns & Your Rights under the Australian Consumer Law

 

Please note that we are unable to cancel or edit your order once it has been placed by you. As such, please ensure all product and delivery details are accurate at the time of purchase.

We do not accept products for returns if you have simply changed your mind. 

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:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

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.

If the goods you receive are:

• faulty or defective;
• not as ordered;
• not of acceptable quality; or
• you otherwise consider that they are in breach of any consumer rights you may have under the Australian Consumer Law,  

please contact us on hello@silkywines.com.au and we will endeavour to remedy the situation as soon as possible. If we are unable to supply you with wine of the vintage that you ordered, we reserve the right to substitute it for the same wine of a different vintage. 

 

Delivery

 

Unless you expressly provide information to the contrary, by placing an order you are requesting us to deliver the goods to you personally. Delivery will be via Australia Post as our nominated delivery contractor/agent, unless otherwise specified. Any delivery timeframes specified by us are indicative only, and are in not in any way binding, as they are outside our control.

We are not liable for any loss or damage that you may suffer if delivery is not made within the estimated delivery timeframes or it is delayed for any reason. Please note that we cannot deliver wine outside of Australia.

We are not obliged to deliver the goods to a location where our nominated contractor/ agent does not provide delivery services. The person receiving a delivery from us must be aged 18 years or over (and may be asked to provide proof of age). If your delivery address is unattended, or if there is no one aged 18 years or over at the address, an attempted delivery notice will be left and you will need to collect your order from the location specified in the notice.

Please contact us on hello@silkywines.com.au for any questions regarding delivery.

 

Prices & Payment

The price payable by you for the goods will be the current price as at the date and time you submit your order.  In addition to the price, you agree to pay all applicable GST, taxes, duties and delivery costs in respect of any goods you order. 

All prices specified on the website are inclusive of GST and any other applicable taxes and duties, unless otherwise specified. 

All amounts owing in respect of an order will be charged in full at the time an order is placed through the website.  Payment is only deemed to have been made by you once it has been received by us. The price of the goods (and delivery services, if applicable) in relation to an order will be calculated by reference to the prices specified on the website at the time that order is placed. We reserve the right to change prices of goods offered for sale through this website without notice.  Provided you have paid for the goods at the time of ordering, title, and risk in the goods passes to you on delivery of the goods to your nominated delivery address.  If for any reason you pay for goods after they have been delivered to you, title only passes to you once we have received your payment.  In this case, risk passes on delivery. 

 

General

 

Your contract of sale will be with Australian Vintage Limited (ABN 78 052 179 932) under South Australian liquor licence numbers 57602081 and New South Wales liquor licence number LIQW824004279, as applicable.