Terms Of Sale
Disclosures under Fair Trading Act 1987 (NSW)
Please ensure you carefully review the Terms and Conditions below which apply to the sale of products through the Katnook website, in particular:
- Paragraph 2
- Paragraph 4
- Paragraph 7
- Paragraph 10
- Paragraph 15
By entering your details to make a purchase, or by joining Cellar Club, or by otherwise communicating an order to us, you are offering to make a contract to purchase goods from us, Katnook Estate (a registered trade mark of Accolade Wines Australia Limited, ABN 86 008 273 907, of Riddoch Highway, Coonawarra, SA 5263). If we accept your offer, the goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.
Persons under 18 years of age are not permitted to place orders for wine. We only ship to Australian addresses. Katnook Estate supports the responsible service of alcohol and is a member of Drinkwise.
1. Nature of the Contract.
You are able to use the Katnook Estate website (or email, telephone or other method) to place an order for goods.
The contract between you and Katnook Estate for the supply of goods ordered (“the Contract”) only comes into existence when Katnook Estate accepts your order. Katnook Estate will notify you of acceptance. No obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract (including regular deliveries to Cellar Club members). Orders cannot be cancelled once accepted, unless by arrangement with Katnook Estate.
2. Delivery - please also see SHIPPING
Katnook Estate will not be obliged to deliver, or continue to deliver, goods to you if your delivery address is not in an area to which Katnook Estate delivers goods, such as “dry areas” in Western Australia and the Northern Territory.
The goods will not be delivered to persons under the age of eighteen (18) years. Katnook Estate may request that the person who receives the goods provides satisfactory evidence of proof of age. Katnook Estate will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.
Katnook Estate 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 but always to a person over the age of 18 years.
Anyone at the nominated delivery address who receives the goods shall be presumed by Katnook Estate to be authorised to receive the goods. Our normal practice, as advised from time to time, will apply if there is no-one at the nominated delivery address, or no-one of appropriate age to receive the delivery.
While Katnook Estate will use all reasonable endeavours to deliver by any requested or agreed date, it does not guarantee delivery on that date and is not liable for any loss resulting from late delivery.
3.Returns and Refunds
If at any time you are not satisfied with the quality of the goods you have purchased from us, please call our cellar door on (08) 8737 0300 and one of our friendly staff will assess your request for a credit or refund of the purchase price. See SHIPPING for more details of when we will and can't consider refunds.
4. Risk and Title
Risk in the goods passes to you upon despatch of the goods from Katnook Estate, and title in the goods passes to you upon delivery of the goods to the Delivery Address.
5. Price
Katnook Estate’s prices are subject to variation – the price payable for the goods is the price applicable on the date when Katnook Estate confirms your order, or otherwise as agreed to by Katnook Estate (such as in the Cellar Club terms). Cellar Club benefits only apply after the first delivery has been paid for in full. Katnook Estate reserves the right to substitute a different vintage to that ordered, at its discretion.
For non Cellar Club members, the quoted price does not include the delivery and handling fee (if applicable) in respect of each order. The total amount payable is the price for each of the goods, together with the applicable delivery and handling fee.
6. Payment
You must pay for the goods before we will despatch your order. You may use your credit card (MasterCard, Visa, American Express). Payment by cheque or cash will only be accepted at Katnook Estate’s discretion and cannot be used for Cellar Club membership. Katnook Estate may accept applications for customer accounts, subject to its standard terms and conditions.
7. Limitation of Liability
Nothing in this Contract is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between Katnook Estate and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.
To the extent that Katnook Estate breaches any condition or warranty implied into the arrangement between Katnook Estate and you and which cannot be excluded or modified, Katnook Estate's liability is limited to, at Katnook Estate's discretion, either: (i) replacement of the goods or supply of equivalent goods; (ii) payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services, to: (i) supply of the services again; or (ii) payment of the cost of having the services supplied again.
Subject to the foregoing, Katnook Estate is not liable to you (or to any third party claiming through you) for, and you release Katnook Estate from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property (“Loss”) caused by any act or omission of Katnook Estate, its employees or agent, and whether based on negligence or other tort, contract or otherwise.
8. Amendments
Katnook Estate may add to, delete, or otherwise change any of the terms of this Contract. Katnook Estate will notify you of any substantial changes to these terms & conditions. Your use of the Katnook Estate service after notice will constitute your deemed acceptance of such changes.
9. Confidentiality
Katnook Estate reserves the right to disclose information regarding users of the Katnook Estate service to third parties, such as to independent researchers to assist us in better understanding and servicing the needs of Cellar Club members, provided that the information will not specifically identify you or any personal information supplied by you.
10. Termination
Katnook Estate may terminate this Contract at any time by delivering notice or by sending you a system message advising that your shopping privileges have been removed. Termination of this Contract shall be effective the day notice is received or such later date as specified in the notice.
11. Notices
Katnook Estate may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.
12. Promotions & Clearances
All specials, promotions, and other offers advertised on the Katnook Estate website are available only while stocks last, unless otherwise advertised.
13. Security
If you receive or nominate a password or PIN, you are responsible to maintain its confidentiality. You are also responsible for, and indemnify Katnook Estate in relation to, any and all activities that occur using your password or PIN, including in relation to your personal information. You must immediately notify us of any unauthorised use of your logon or password or any other breach of security of which you become aware.
14. Website content
Copyright in all materials appearing on this website is, except where noted to the contrary, the property of Katnook Estate and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, or for any purpose expressly permitted by Katnook Estate.
Katnook Estate does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Katnook Estate is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of Katnook Estate remains with you.
You also waive any and all claims that you may have against Katnook Estate otherwise arising out of or in relation to your use of this website.
15. Privacy
We collect your personal information when you register as a member of the Katnook website and when you place an order. Our Privacy Policy provides details of how we collect, use and disclose your personal information, how you can access your personal information or raise a complaint about the management of your personal information
16. Miscellaneous
Any photos, or other descriptions, of our products on our website are for illustration purposes only, and as such you should check the labels of the specific products for specific health and other disclosures prior to consumption.
If any provision of these Terms & Conditions is unenforceable or void either in whole or in part for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of this document.
The laws of Victoria and South Australia govern this Contract.
17. Notice
All offers of sale are made by Accolade Wines Australia Limited. SA Liquor Licensing Act 1997 Section 113- Liquor must not be supplied to persons under 18 years of age. New South Wales - Under the Liquor Act 2007, it is an offence for a licensee of licensed premises or any other person to sell or supply liquor to a person under the age of 18 years on licensed premises or elsewhere; Victoria - WARNING: Victoria Liquor Control Reform Act 1998: It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $7,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $600); Queensland - Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years; Western Australia - WARNING. Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.