Terms & Conditions

Our terms and conditions are set out below. If you have any questions you may email your query to  info@abfwines.com.au  or telephone one of our team on 0417 088 421.
1. Introduction. This website is owned and operated by ABF Wines ABN: 57622108901 under liquor licence issued by NSW Department of Liquor and Gaming No: LIQP770010318.

2. In visiting or using this site to purchase product, you are bound by the Terms and Conditions set out herein.

 Purchasing through the Site

• 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 through the Site, you warrant to us that: 

a. you are over the age of 18 years; and 

b. any person that you are obtaining the products for, or supply the products to, is over the age of 18 years. 

• If you purchase any products from us through the Site (including but not limited to signing up for a regular delivery programs or any one-off purchase of products), separate Purchase Terms and Conditions (Purchase Terms) also apply to our relationship.

• We collect and use Your Personal Information in accordance with Our Privacy Policy, which is set out in the Privacy Policy section of this site. 

• We may change these Website Terms at any time without notice. Please review these Website Terms regularly to ensure you are aware of any changes made.

• ABF Wines makes no warranty or representation about the fitness or suitability of any product or service advertised via this site. 

Registration on the Site 

• The Site offers a ‘Member Login” area (Account) to users who register their details on the Site (Registered Users). The ‘Member Login” enables Registered Users to provide and to create a password among other functions. By becoming a Member via the site, you acknowledge and agree we may email, post or include in any delivery of Goods you order from us, special offers we may have or provide on behalf third parties and any other Offers we believe may be of interest to you). You can opt out of receiving communications by un-ticking the box in the order section or by contacting us in accordance with the Privacy Policy set out in this site under “Privacy Policy”. 

• You are only eligible to apply for an Account if you are over 18 years of age. By submitting your application for an Account you warrant to us that you are over 18 years of age and we will ask you to confirm this in the "Login Section" of the site by ticking the box where indicated.

• If you do not input the details required by the Site, your orders cannot be cannot be processed. We may also require additional information and we reserve the right at any time to decline, suspend or terminate your Login/Account at any time in our absolute discretion. 

• When you register as a Member User, you will receive a user name and password to be used to identify you on the Site.  Once a member, some information will be stored securely to save re-entering next time you buy. If you forget you credentials, you may apply to our site using a unique identifier.

• You are responsible for maintaining the confidentiality of your user name and password and you will be liable for any breach of privacy arising from unauthorised access to the Site caused by or connected with your disclosure of your user name or password. 

• You are responsible for all fees and charges incurred on your Account arising from access to your Account through your user name and password, irrespective of who uses your Account. 

• You must immediately notify us if you suspect or become aware of any unauthorised use of your password or Account, or any other breach of the Site’s security. You must immediately change your password if you suspect a security breach. The Site will contain a facility to change your password or if this facility is not available, we can be contacted by emailing our team on info@abfwines.com.au and one of our team will call you back.

• If in our opinion your user name or password is being used contrary to these Website Terms or any privacy or other laws, we may immediately suspend or cancel your ability to access the site or take any other actions or do any other things we believe to be reasonable to ensure integrity of the site and our Terms and Conditions.

 Content and Intellectual Property (IP)

The entire content, layout, design, Logo’s  and content contained in the Site (Content) may or may not  be the subject of  trade mark or design copyright and its use or reproduction or the like shall only be with the express permission of ABF Wines.

Subject to your compliance with these Website Terms, We grant you a temporary, non-exclusive licence to download, print or reproduce in unaltered form, a single copy of any Content (save for any material for which express notice is given to the contrary),solely for your personal, non-commercial use, or for non-commercial information purposes only within your organisation for the purposes of buying product from the site.

Certain material provided or available on or through the Site may be stated to be subject to special or additional rules or conditions which will form part of these Website Terms.

By visiting and using the Site you acknowledge and agree that :

- You will not do anything to change, alter, hinder or impede or invalidate or challenge our ownership, entitlement to use, or registration of any part of the Intellectual Property in the Content; or which might diminish the value of the IP in the Content; or reproduction of the Site, the Content or the IP in the Content other than as permitted by these Terms and Conditions or by law is strictly prohibited, without our prior written consent (which is at our discretion entirely). 

Where Our Intellectual Property contains any of our registered or unregistered trademarks, you must not use any of those trademarks. In the event you do so, you will cease if we ask you, failing which we may take legal remedy to the full force as permitted by law.

You also agree to use the Site and it’s Content for lawful purposes only. 

Content 

• We derive information contained in this site from sources which we believe to be accurate and up to date at the time of publication. 

• All information provided on the Site is provided in good faith. However, We:

• a. do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and 
• b. will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Site, or for any incorrect or misleading information provided on the Site. 

• We reserve the right to change, update or terminate the Site and Content or any part of them at any time in Our absolute discretion, without notice or liability to you. 

• Any change or modification to the Site or these Website Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, do not use the Site. If following any such change or modification you continue to use the Site or Content, and then you will be deemed to have accepted those changes or modifications. 

 Privacy & Security. 

• When you place orders or access your account information on the Site, We offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to Us. Confidential information, such as your address, credit card details and order history, is not stored on the web server but on Our own database, which is protected against unauthorised access and administered in accordance with Our Privacy Policy. 

• "Cookies" are small pieces of information sent by a web server and stored by your browser on your computer's hard drive so it can later be read back from that browser. This allows your browser to remember some specific information. Our cookies enable Us to store items in your shopping cart and to identify you on return visits. Most browsers automatically accept cookies, but you can usually change your browser to prevent this. However, while most of the content of our web site can be viewed without accepting cookies, the shopping cart features of the Site will not function properly when cookies are disabled. 

• The Site is tested and certified to address concerns about possible hacker access to your confidential data. While Our Site testing cannot and does not guarantee security, we use reasonable efforts to meet payment card industry guidelines for remote web server vulnerability testing to help protect your personal information from hackers. Our Site security measures do not mean the Site is hacker proof and Our security measures cannot and do not protect any of your data that may be shared with other servers that are not secure, such as credit card processing networks or offline data storage, nor does it protect you from other ways your data may be illegally obtained.

 Disclaimer 

• All information, advice or other data on the Site is provided as general information only and should not be relied upon. 

• We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Site or its Content for any particular purpose. 

• We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Site, or the Site’s inability to meet your needs. 

• We have no control over and are not responsible for the content of any third-party sites linked to or framed within the Site, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Site should not be construed as an endorsement, approval or recommendation by Us of the linked web site or its content. We are not responsible for the content or privacy practices associated with linked web sites. When viewing a third party site, you should read the terms, conditions and privacy statements detailed on that site. Your use of or reliance upon such third-party websites is at your own risk. 

• We are based in Sydney, Australia. You must ensure that your access to the Site is not illegal or prohibited by laws which apply to you. 

• Your use of and any reliance you place upon the Site and its Content are entirely at your own risk. When using the Site, information will be transmitted over a medium which, in many cases, is beyond Our jurisdiction and control and that of Our suppliers. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to Us. 

• We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site, which is beyond Our control. For the avoidance of doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site or any linked website. 

 Liability 

• To the extent permitted by law: 

• a. all conditions and warranties concerning the Site and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded; 
• b. in no event will We (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Site or the Content; 
• c. We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site, the Content or the Services; 
• d. any claims arising in connection with your use of the Site, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and 
• e. remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms. 

• Where legislation implies any condition or warranty which cannot be lawfully excluded or modified, that condition or warranty will be deemed included but our liability will be limited as follows: 

• a. if the breach relates to goods: 

- the replacement of the goods or the supply of equivalent goods; 

- the repair of such goods; 

- the payment of the cost of replacing the goods or of acquiring equivalent goods; or  

- the payment of the cost of having the goods repaired; and 

• b. if the breach relates to services: 

- the supplying of the services again; or 

- the cost of having the services supplied again. 

 General

ABF Wines relies on its partner wineries to ensure the wine we are selling is in stock at the time of sale. There may be an instance where stock has not been advised as being unavailable and through no fault of ABF Wines, we have inadvertently taken an order for the same. In this instance, we will immediately advise of the error and either refund the customer or telephone the customer with an alternative offer of equal or better value wine. This election is at the sole discretion of the customer.

Your rights and obligations under these Website Terms may not be transferred or assigned directly or indirectly without our prior written consent. We may transfer or assign Our rights and obligations under these Website Terms. 

To the extent that any part of these Website Terms are invalid, unenforceable, illegal, void or voidable for any reason, these Website Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been read down or deleted to the extent necessary to overcome the difficulty. 

Our rights and remedies under these Website Terms cannot be waived except in writing signed by Us. Our Delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does Our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of Our other rights. 

We will not be responsible or liable for failure to perform any obligation under these Website Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God. 

These Website Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia. 

 

ABF Wines.