Thank you for visiting Burch Family Wines (Burch Family Wines, we, us, our). This website platform is owned and operated by Howard Park Wines Pty Ltd (ACN 062 755 391) (License No. 6180053900).
We reserve the right to review and modify the Terms and website content (Website Content) at any time and without notice. Your use of the website and access to the Website Content will be regarded as your acceptance of these Terms, as amended from time to time.
1 Use of Website
You are authorised to access the website to download and view Website Content for personal, non-commercial use. You are not permitted to purchase any products for resale to a third party or for commercial purposes. If you wish to be a stockist of Burch Family Wines, please contact us directly using the contact details provided on our website.
We recommend liquor be consumed responsibly and only in moderation. You acknowledge and warrant that:
(a) it is against the law to sell or supply liquor to, or obtain liquor products on behalf of, a person under the age of 18 years; and
(b) you are over 18 years of age and are not obtaining liquor (including liquor products) on behalf of a person under the age of 18 years.
2 Purchase orders and delivery
You may order products by selecting and submitting your order through the website, via telephone or email in accordance with these Terms (Order). Any Order for a product is for the price listed on the Website at the time you place the Order (plus any applicable delivery fees and charges) (Purchase Price).
All prices, fees and charges identified on our website are in Australian Dollars and include GST where applicable. We will charge you, and you agree to pay the Purchase Price at the time of submitting an Order.
Unless you cancel your Order, a binding agreement between you and us for the supply of the Order is subject to our obligations under the applicable liquor licensing legislation, responsible service of alcohol obligations, full payment of the Purchase Price and confirmation and acceptance by us (or our authorised agent).
We do not guarantee that all products displayed on or mentioned on our website are available at the time of purchase. If an ordered product is not available, we will provide you with a refund of the Purchase Price.
We reserve the right to refuse to accept or cancel your Order at any time prior to dispatch or collection at our discretion, including:
(a) in the event that we are unable to obtain authorisation for payment of the Purchase Price;
(b) if the products are unavailable; or
(c) if you do not meet the eligibility criteria set out, or otherwise contemplated, in these Terms.
We provide delivery of products across Australia. We do not currently ship to international markets. Please refer to our Shipping & Deliveries Policy for further information.
3 Payment terms
Payment is only deemed to have been made once it is received by us. All payments will be transacted via our third-party payment provider (such as Stripe or any other payment process used by us) (Payment Processor). We accept payment by Visa, Mastercard, American Express and Diners Club. Payments using American Express, or Diners Club must be made via email or telephone using the contact details provided on the website.
Any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time to time.
You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered due to the fraudulent or unauthorised use of credit cards.
From time to time, we may offer specials, promotions or issue discount codes. These can be redeemed at the checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.
4 Risk and title
Risk and title in the products passes to you at the time of collection from the Cellar Door unless the products are subject of a delivery Order, in which case risk passes at the time they are delivered to you or your authorised recipient.
Title to the products passes to you on the later of the date and time of:
(a) payment for those products;
(b) for pick-up orders, collection of those product from the Cellar Door; or
(c) for delivery orders, supply of those products by us.
5 Returns and refunds
If you are not satisfied with the quality of the products you have received, please contact us within 14 days of receipt of the products at email@example.com.
If a refund of the products is deemed reasonably acceptable by us, we will refund the Purchase Price (less any transaction fees) within 30 days of receipt of product at the winery.
If you wish to return the product, you may:
(a) return to product to Burch Family Wines; or
(b) arrange for us to collect the wine at a mutually convenient time.
Please ensure all original packaging is retained and returned to us.
6 Third party payment system
All payments will be transacted via our third-party payment provider (such as Stripe or any other payment processor used by us) (Payment Processor). You are liable for all fees and charges levied by the Payment Processor and their own financial institution, as well as any foreign exchange fees (as applicable).
7 Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
In Australia, our products and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL) set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Competition and Consumer Act). Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the ACL or the Competition and Consumer Regulations 2010 (Cth) are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
9 Website availability
We reserve the right to alter, update, or remove any of our Website Content at any time. We may modify our Website Content for any reason, in our discretion. We do not guarantee that our website and Website Content will always be available, work or be accessible at any particular time.
10 Links third party websites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
11 Intellectual property rights
The Website Content (including names, trademarks, logos and copyright material) is protected by copyright and other intellectual property laws. All intellectual property in relation to the Website Content belongs to Howard Park Wines Pty Ltd, its licensors, or its affiliates.
The Website Content and the website as a whole are intended solely for your personal, non-commercial use. Any use of the Website Content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited without our prior written permission.
If you seek to reproduce or otherwise use the Website Content in any way, it is your responsibility to obtain approval for such use where necessary.
The website may contain the names and trademarks of other entities. We do not authorise you to use these names or trademarks in any way, and their inclusion does not indicate that such entities endorse us, or the Website Content, in any way.
You represent and warrant that:
(a) you will use this website only in accordance with these Terms and any information you provide via this website is current, complete and accurate and will not be in any way misleading, deceptive or likely to mislead or deceive;
(b) any person at the delivery address who receives the products or collects the products on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws related to your use of the website and your placement of any Order with us.
To the maximum extent permitted by law, including the ACL, we make no warranties or representations about this website or the Website Content, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted, error-free, free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Website Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
We do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up to date.
13 Limitation of liability
To the maximum extent permitted by law, including the ACL, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to date.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
We will not be liable for any damages, either direct or indirect as a result of your use or in connection with your use of our website. You agree to indemnify, defend and hold (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim or demand, made by any third-party due to or arising out of breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will be deemed to be severed from the Terms and will not affect the validity and enforceability of any of the other remaining provisions.
15 Jurisdiction and governing law
These Terms shall be governed by and interpreted in accordance with the laws of Western Australia. We make no offer in or by this website to sell any product or service in any country outside Australia and no representations that the website content complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
16 Contact us
If you have any queries in regard to these Terms, please contact us using the below contact details.
Howard Park Wines
PO Box 283
Cowaramup WA 6284
Contact: David Stredwick
Telephone: (08) 9756 5200