Terms

INTERNET SALES - GENERAL TERMS AND CONDITIONS
 
Table of contents
  
1. Interpretation
2. The agreement
3. Purchase orders  &  delivery of goods
4. Risk  &  title
5. Price of goods  &  payment
6. Out of stocks  &  substitution
7. Packaging  &  labelling of goods
8. Licence
9. Intellectual property rights
10. Liability
11. Security
12. Notification of changes
13. Confidentiality of your information
14. Termination
15. Notices
16. Miscellaneous
 
 
1. Interpretation 
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In these Conditions:
"Agreement" means an agreement between You and M. Chapoutier Australia to supply Goods. The Agreement consists of the Order and these Conditions.
"Conditions" means these Conditions and any agreed written variations.
"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.
"Goods" means Goods described in an Order and includes packaging.
"Intellectual Property Rights" Includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
"Order" means an order by You to purchase Goods from M. Chapoutier Australia.
"Product List" means the list of Goods displayed on the M. Chapoutier Australia Internet site as amended from time to time.
"Service Fee" means the fee payable to M. Chapoutier Australia  in respect of delivery of the Goods and handling costs associated with processing your Order as advised by M. Chapoutier Australia from time to time.
 
2. The agreement
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2.1 What is the Agreement?
 
The entire agreement between You and M. Chapoutier Australia  for the purchase of Goods by You from M. Chapoutier Australia  is:
 
2.2 When the Agreement is formed
 
An agreement exists between You and M. Chapoutier Australia  once M. Chapoutier Australia  receives and accepts an order at its licensed premises. No obligation to sell or supply the Goods will arise until the order is received and accepted at licensed premises.
 
2.3 Each Order is a separate agreement.
 
2.4 Set-Off
 
If You owe money to M. Chapoutier Australia under one agreement, M. Chapoutier Australia may set-off that money against any money that You owe to M. Chapoutier Australia  under another agreement. If M. Chapoutier Australia  owes money to You under one agreement M. Chapoutier Australia may set-off that money against any money that it owes You under another agreement.
 
3. Purchase orders  &  delivery of goods
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3.1 Delivery area
 
In order to purchase Goods from M. Chapoutier Australia , the Delivery Address which You nominate will need to be within a location where M. Chapoutier Australia  provides delivery services. M. Chapoutier Australia will advise You if the Delivery Address which You nominate ceases to be in an area where M. Chapoutier Australia delivers goods. M. Chapoutier Australia will not be obliged to continue to deliver Goods to You if You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which M. Chapoutier Australia delivers goods.
 
3.2 Orders
 
You will place an Order on M. Chapoutier Australia  by selecting Goods and pressing the "Send Order" button. Orders will be deemed to have been received by M. Chapoutier Australia at the time of successful transmission of the Order. Orders will not be accepted until they are validated and processed during licensed trading hours. Placing an order does not constitute acceptance to supply. M. Chapoutier Australia reserves the right to restrict orders to retail quantities only.
 
3.3 Authorised receipt of Goods
 
Anyone at the Delivery Address who receives the Goods shall be presumed by M. Chapoutier Australia to be authorised to receive the Goods. M. Chapoutier Australia may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. M. Chapoutier Australia will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years.
 
3.4 Delivery Requirements
 
M. Chapoutier Australia is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:
 
(a) to the adult person who placed the order, or
 
(b) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or
  
(c) if delivery takes place on a day following the placing of an order, in accordance with the customer's instructions.
 
4. Risk  &  title
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4.1 Risk and Title
 
Risk and title in the Goods passes to You upon delivery of the Goods to the Delivery Address.
 
5. Price of goods  &  payment
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5.1 Price of Goods
 
Subject to clause 6.2 the price You shall pay for the Goods shall be the price specified on the Product List. You also agree to pay the Delivery and Handling Fee (when applicable) in respect of each Order.
 
5.2 Variation
 
M. Chapoutier Australia  prices are subject to variation. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.
 
5.3 Method of payment
 
(a) Payment upon Delivery of Goods You shall pay for the Goods at the time of sending your order. You may use your credit card (Bankcard, MasterCard, Visa)
 
(b) You may make an application to set up a corporate customer account with M. Chapoutier Australia. If your application is accepted You will be required to sign terms and conditions which will include details in relation to payment methods.
 
6. Out of stocks  &  substitution
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6.1 No rainchecks
 
M. Chapoutier Australia  will not provide rainchecks in respect of Goods ordered by You.
 
6.2 Substitution policy
M. Chapoutier Australia will use its best endeavours to ensure that all Goods ordered by You are supplied to You. Whenever possible M. Chapoutier Australia will offer to you a compariable product of equal or greater value.
 
7. Packaging  &  labelling of goods
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M. Chapoutier Australia aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List is for illustrative purposes only.
 
8. Licence 
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You are licensed to install M. Chapoutier Australia on your computer for Your use in purchasing Goods from M. Chapoutier Australia. You acknowledge that you are not permitted to make any other use of M. Chapoutier Australia unless given prior written authorisation by M. Chapoutier Australia
 
9. Intellectual Property Rights 
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9.1 You acknowledge that M. Chapoutier Australia or its related corporations own or are licensed to use all Intellectual Property Rights in M. Chapoutier Australia (including, but not limited to, any images, photographs or text which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy M. Chapoutier Australia in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
 
9.2 You acknowledge that any trademarks or logos which appear on the M. Chapoutier Australia  site are owned by or licensed to M. Chapoutier Australia  or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
 
10. Liability
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10.1 You acknowledge that M. Chapoutier Australia  is provided "AS IS" and that M. Chapoutier Australia  is not making and has not made any warranty or representation as to M. Chapoutier Australia  suitability for any particular purpose.
 
10.2 You agree that any liability of M. Chapoutier Australia  arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of M. Chapoutier Australia  will be limited to:
 
(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
 
(b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
 
10.3 You agree that the entire risk arising out of installation, down loading, use or performance of M. Chapoutier Australia  remains with You. To the extent permitted by law, You release and discharge M. Chapoutier Australia  and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with M. Chapoutier Australia  or this Agreement, including, without limitation, loss or damage caused by the negligence of M. Chapoutier Australia  or its related corporations.
 
11. Security
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If you are issued with a PIN or password by M. Chapoutier Australia  You agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and indemnify M. Chapoutier Australia  in relation to any liability arising out of the unauthorised use of your PIN or password.
 
12. Notification of changes
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M. Chapoutier Australia  may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 16. Your use of the M. Chapoutier Australia  Service after notice will constitute your deemed acceptance of such changes.
 
13. Confidentiality of your information  
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M. Chapoutier Australia  reserves the right to disclose information regarding M. Chapoutier Australia  members and use of the M. Chapoutier Australia  service to third parties providing that the information will not specifically identify You or any personal information supplied by You.
 
14. Miscellaneous 
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14.1 Provisions are severable
 
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
 
14.2 New South Wales law applies
 
The laws of Victoria govern this Agreement.
 
 
 
 
 
 
 

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