1.1 The use of this website is governed by these terms and conditions, which may be varied by Smith’s Wine Store from time to time.
1.2 You may only use this website if you are aged 18 years or over or otherwise over the legal drinking age in your country or residence. You must immediately exit the website if you do not meet these requirements.
1.5 Smith’s Wine Store terms and conditions encompasses and applies to branded websites Jansz Tasmania, Dalrymple Vineyards, Pewsey Vale Vineyards, Heggies Vineyard and Oxford Landing Estate; which all operate together with a shared cart and customer account register.
2. Intellectual property and restrictions on use of content
2.1 Unless expressly stated otherwise, all intellectual property rights appearing on this website, such as names, trademarks (registered and unregistered), logos and copyright material, are owned by us and/or our related companies. You must not use that intellectual property in any way whatsoever, except as expressly permitted by us in writing (or in the case of copyright material, as permitted by Australian and international copyright laws).
3. Privacy and Personal information
4. Links to Third Party Sites
4.1 There may be links to other websites or advertisements of goods and services available from other parties on our website. We are not responsible for those websites, their content or the goods and services available on them. Links and feeds are provided solely for your convenience and you use them and the linked websites entirely at your own risk.
5.1 While we will take all reasonable steps to ensure that this website is accurate, the website and its contents are provided on an “as is” basis. To the maximum extent permitted by law, all warranties in respect of this website and the information contained in it (including the content of or use of this site, the security of your computer in accessing this site, computer viruses, the availability, uptime and security of this site and the integrity of data accessed through this site) are excluded. We (including our related companies) are not liable for any loss or damage which you may suffer as a result of using this website. We reserve the right to revise the content of, or withdraw access to this website at any time without notice or liability to you.
Transactions on our website
The following terms and conditions apply to any orders and purchases you make from this website
6.1 The prices advertised by Smith’s Wine Store may be altered at any time without notice.
6.2 Prices quoted are in Australian dollars; include GST, and all other taxes. Freight may be additional but will be notified to you at the time of check out.
7.1 When placing an order with Smith’s Wine Store, you confirm that all the details that you have provided in completing the order and offer to purchase the goods are true and correct.
7.2 It is a condition of purchase that you verify that you are 18 years of age or over. All orders are subject to acceptance by Smith’s Wine Store.
7.3 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.
8.1 If a freight cost applies it will be provided at check-out.
8.2 Risk in the goods passes to you upon delivery.
8.3 Smith’s Wine Store is not responsible for and does not accept liability for delay or non-delivery of products. In the case of late delivery, you must accept goods delivered.
8.4 If you are not at the delivery address at the time of delivery the goods may be left with a person at the delivery address who is 18 years or older but may be required to show proof of age. In the event nobody is at the delivery address who meets the criteria under these terms and conditions, a waiting card will be left in your mailbox. This card will advise the next steps required to obtain delivery of the order. Your order will not be left with persons under the age of 18 years. Smith’s Wine Store cannot agree to unattended deliveries in any circumstances.
8.5 Hot weather policy. If there is a forecast of 35+ degrees at your destination we will delay your shipping to ensure our wine arrives in perfect condition. You will be notified via phone or email of the delay.
9.1 Your credit card will be debited for the wine and associated costs prior to dispatch.
10.1 Your rights under the Australian Consumer Law are not affected by these terms and conditions, namely our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.2 Smith’s Wine Store will accept and replace faulty and/or out of condition goods or goods that are wrongly described or breach a consumer guarantee returned by you provided that the goods were not broken or damaged after delivery, the goods are not out of shelf life and you notify Smith’s Wine Store of your intention to return the goods within 7 days of delivery. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return (only when Smith’s Wine Store is at fault or have breached a consumer guarantee. In all other circumstances, including change of mind, the delivery charge will be deducted from the refund).
11.1 Subject to any relevant statutory provisions, these terms contain the entire agreement between Smith’s Wine Store and you on the subject matter and all representations, warranties and agreements (whether express or implied and whether statutory or otherwise) are expressly excluded and Smith’s Wine Store’s liability is limited to the lessor of the cost of replacing the products; or the costs of obtaining equivalent products.
11.2 Contents of this site do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
12. Responsible Service of Alcohol
12.1 Smith’s Wine Store supports the responsible service and consumption of alcohol and recommends that alcohol be enjoyed in moderation.
12.2 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 in Australia. You therefore warrant that you are 18 years or over of age; and that any person that you are obtaining the products for is also 18 years or over.
Smith’s Wine Store Account
The following terms and conditions apply to signing up for a Smith’s Wine Store account or joining the mailing list, in addition to those which are previously stated
13.1 To create a Smith’s Wine Store account or join the mailing list, you must be over 18 and be an Australian resident.
14. Order Promotions
14.1 All specials, promotions, clearances, offers and discounted items are subject to their specific terms and conditions and are whilst stocks last unless otherwise indicated.
14.2 All order and product promotions and discounts, do not apply to the purchase of Smith's Whisky and E-Gift Cards.
14.3 All shipping promotions and discounts, do not apply to the purchase of E-Gift Cards.
15.1 Products will be delivered to the address provided at time of check-out (as the case may be).
16. Registration for an account/mailing list
16.2 Smith’s Wine Store may require additional information to provide the service and reserve the right to decline, suspend or terminate a member’s account at any time at its absolute discretion.
16.3 Membership and mailing list subscription can be cancelled or suspended at any time by advising the Smith’s Wine Store Team in writing to Smith’s Wine Store PO Box 10, Angaston SA 5353 or by email to firstname.lastname@example.org. Alternatively mailing list emails will have an opt out link.
16.4 The member is responsible for maintaining the confidentiality of their password and or access code (“Password”) and they will be liable for any breach of privacy arising from unauthorised access to the site caused by or connected with the disclosure of the email address and/or password. The member is further responsible for all fees and charges incurred on the account arising from access to the account due to this.
17. Smith’s Wine Store is a registered business name of S. Smith & Son Pty Ltd ABN 17 007 871 427 and any reference to Smith’s Wine Store, in these conditions includes a reference to that company.
Jansz Tasmania, Pewsey Vale Vineyard, Heggies Vineyard, Dalrymple Vineyard and Oxford Landing Estate are registered business names of S. Smith & Son Pty Ltd ABN 17 007 871 427