Website Terms
Welcome to totara. These are our Terms and Conditions for use of totarawines.co.nz, which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms and Conditions apply whenever you access totarawines.co.nz, regardless of your accessibility.
totara refers to the company Joval Wine Group Pty Ltd and associated trading entities.
Use of totarawines.co.nz
1. Joval Family Wines Pty Ltd | A.C.N 098 604 212 A.B.N 74 098 604 212 is the owner and operator of totarawines.co.nz (Operator).
2. Users of totarawines.co.nz (Users) agree to be bound by these Terms and Conditions, which are subject to change at the Operator’s sole discretion. Your use of and access to totarawines.co.nz indicates your acceptance of these Terms and Conditions, as they exist at that time.
Acceptance of Terms
When you access the totarawines.co.nz website you are governed by these Terms and Conditions.
If you do not accept these Terms and Conditions, you must refrain from using the website.
By accessing, browsing and using our website you acknowledge that you have read and understood and accept these Terms and Conditions. We suggest you periodically re-visit these Terms and Conditions as they may be changed from time to time.
Use of the Website
The content of the website including Marks and Logos are the property of the Operator or have been used with the permission of the owners thereof and are therefore protected by Copyright or Trademark and all other intellectual property rights currently existing.
You agree that you will keep all matters relating to the website, products and operations (including pricing) confidential, and therefore agree not to pass on or promote any information through publicly accessible channels such social media.
The downloading or reproduction of any data or image from totarawines.co.nz must not be used for any commercial purpose.
Any information provided to our website will be treated in strict confidence in accordance with our Privacy Policy which you are encouraged to read prior to submitting any personal information.
Your use of the website is at your own risk and the Operator assumes no liability for any damage or virus which may affect your computer equipment or other property as a result of your use of totarawines.co.nz Nor is any undertaking given that the website will always be available when an attempt is made to access it.
Whilst the website refers to the Operator’s products and services, the Operator does not guarantee that the products or services will be available at all times. Information will be provided on the website if a product or service is not available.
This website provides links to other websites. These external information sources are outside our control. It is the responsibility of Users to make their own decision about the accuracy, currency, reliability and correctness of information found. We do not necessarily endorse any company or organisation linked to or from this website. We accept no responsibility for any information that may appear on any linked websites.
Other than as expressly set out in these terms we make no warranties or representations as to the quality, accuracy or completeness of the content on totarawines.co.nz
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use, access to or conduct in connection with this site including any breach by you of these terms.
In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise including our negligence.
Copyright and Intellectual Property
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
• Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• Commercialise any information, products or services obtained from any part of this website; without our written permission.
Intellectual property displayed on this website (including copyright material and registered or unregistered trade marks) may be owned, registered or licensed to third parties. You must not infringe the intellectual property rights of any third party through your use of this website. You agree to indemnify us for any claims made against us by a third party for infringement of their intellectual property.
Privacy Policy
Any information provided to our website will be treated in accordance with our Privacy Policy.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Entire Agreement
These Terms and Conditions embody the entire agreement between the Operator and yourself concerning the access to and use of the website.
General
Your use of this site will be governed by and construed pursuant to the laws of Victoria and of the Commonwealth of Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria and of all courts competent to hear appeals from those courts.
Any delay or failure by us at any time to enforce any of the provisions of these terms or any of our rights will not be a waiver of such provisions or rights and nor will it affect the validity of these terms.
If any clause or part of a clause of these terms is properly determined to be invalid, illegal, unlawful or otherwise incapable of enforcement, then that clause or that part of a clause will be deemed to be severed from these terms and of no force and effect but all other clauses and parts of a clause of these terms will remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms will be construed to be dependent upon any other clause or part of a clause.
Conditions of Sale
You must be 18 years of age or older to purchase products from the Operator. Under the Liquor Control Reform Act 1998 it is an offence:
• To supply alcohol to a person under the age of 18 years (Penalty exceeds $17,000)
• For a person under the age of 18 years to purchase or receive liquor. (Penalty exceeds $, 700).
Products ordered will be for personal consumption only and are not to be resold.
Northern Territory
If you are a Northern Territory resident or ordering this for delivery to the Northern Territory the listing of a product on our site does not constitute an offer to sell that product to you. Prior to any offer or acceptance, additional price checks will be completed, and the price of the product may increase to ensure compliance with the Northern Territory Minimum Unit Price Legislation. This may change the final price calculation for your order
Non Delivery Postcodes:
4605, 4713, 4803, 4816, 4825, 4830, 4871, 4874, 4876, 4892, 4895
Non Delivery Postcodes:
6431, 6435, 6436, 6437, 6438, 6440, 6635, 6638, 6639, 6640, 6642, 6642, 6710, 6713, 6714, 6716, 6718, 6721, 6722, 6751, 6754, 6798, 6799, 6770, 6765
For the following postcodes, we will not supply any product that is in a container of 1L or above, or any beer in glass containers over 375ml: 6718, 6723, 6725, 6726, 6728, 6731, 6733, 6740, 6743, 6753, 6761, 6765, 6770, 6430
Customer Service Policy
The Operator is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct.
Price
All prices are in Australian dollars. Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
Payment
Payment must be made at time of transaction. Payment can be made via Visa or Mastercard only.
You will receive a Payment Receipt and Order Confirmation via email once the transaction has been processed and your payment approved. The Order confirmation will show the prices for the items you have ordered, including relevant GST if applicable.
The data registered by you on this website shall constitute full proof of the transaction, including payment.
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon delivery including where delivery is to unattended locations (such as locations which are not attended).
Cancellation Due to Error
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
Sale Products
You as the Customer acknowledge that any clearance stock may have packaging defaults due to warehousing storage. These products housed under the “Clearance” page are subject to defaults including scuff marks, old packaging, and/or colour loss to labels. The products enclosed within the packaging, however, are free of defects both in material and workmanship and are of merchantable quality. Should any of the products housed under the “Clearance” page be of unusable quality, the Operator is liable for the replacement of the stock to the customer. Any promotions exclude current and existing totarawines.co.nz promotions.
Product Availability
Whilst the website makes reference to products, the Operator gives no guarantee that the products or services will be available at all times. You will be notified as soon as possible if this is the case.
Limitation of Warranty
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Conditions of Sale is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.