Terms and Conditions
Version: February 2023
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 our websites, in particular:
1 Orders placed on this website are fulfilled by Distinction Wines
1.1 Bay of Fires is part of the Distinction Wines collective. Distinction Wines is a wine club made up of leading Australian cellar doors, such as St Hallett, Bay of Fires, Petaluma, Grant Burge, Rolf Binder, Katnook Estate, Brookland Valley and Houghton.
1.2 By signing up as a member of the Bay of Fires website, you will receive free membership to Distinction Wines.
1.3 All orders placed on the Bay of Fires website (www.bayoffireswines.com.au) are fulfilled via the Distinction Wines website (www.distinctionwines.com.au/) By placing an order on the Bay of Fires website, you will be taken to a payment portal associated with Distinction Wines. All offers of sale are made by Accolade Wines Australia Limited Liquor Licence Number 57704401.
2.1 Accolade Wines Australia Limited (ABN 86008273907) (Accolade, us, our or we) is the owner and operator of the Website where you can browse, select and purchase products sold by us (Products).
2.2 These Terms and Conditions (Terms) govern your use of the Website.
3 Your agreement to these Terms
3.2 We may vary these Terms at any time, without notice, by displaying the amended Terms on this Website. You should review the Terms each time you use the Website.
3.3 By accessing and using the Website, you acknowledge that you have read and understood the Terms as they exist at that time, and you agree to be bound by, and comply with, these Terms. You must also ensure that you strictly comply the policies which form part of these Terms.
(b) “Order” means any order placed by you for the purchase of Products via the Website;
(c) “Products” has the meaning given in clause 2.1 above;
(d) “Terms” means these Terms & Conditions; and
(e) “Website” means www.bayoffireswines.com.au, www.distinctionwines.com.au and all associated pages owned and operated by Accolade Wines.
5 Access to Website
5.1 Your access to the Website may be suspended without notice in the case of system failure, maintenance, any reason beyond our control, or simply because we wish to do so.
5.2 Except as expressly provided otherwise in these Terms, we reserve the right to change or discontinue any website, page, functionality, feature or service on the Website at any time.
5.3 In order to access the Website, you must be of legal drinking age (i.e. the age you are legally permitted to buy and drink alcohol) in the country in which you access the Website. By accessing the Website, you warrant and represent to us that you are of legal drinking age in the country in which you are located.
6.1 You must create an account in order to purchase Products on the Website.
6.2 You must be at least 18 or older to create an account on the Website. By creating an account, you represent and warrant to us that you are at least 18 and the date of birth you have provided during the registration process is accurate.
6.3 You may register for an account using your email address and nominating a password. You must treat your password as confidential and not share it with any other person.
6.4 You must only have one active account at any one time. Your account is not transferable.
6.5 You must ensure that the personal details (including your Delivery Address) you provide to us are accurate and kept up to date. You may update your details at any time through the Website.
(a) must ensure that your account details (including your login and password that is used to access the Website) are kept in a safe and secure manner;
(b) must not use false or misleading information when registering your account details;
(c) must promptly advise us of any changes to your information provided to us as part of the sign-up process (including billing address, Delivery Address and phone number);
(d) must not allow any other person to use your account;
(e) are responsible and liable for any person that uses your account to place an Order (notwithstanding the preceding paragraph); and
(f) agree that we may charge you for all Products that have been ordered from the Website using your account.
6.7 You agree to provide us with current, complete and accurate details if we request information from you.
6.8 Please see clause 19 for how we handle personal information that you provide us during the registration process.
6.9 You are not permitted to purchase Products on this Website for resale or trade purposes. If you are wish to purchase Products for resale or business purposes, please contact us on email@example.com.
7.1 All prices given by us are effective as at the date on which the price is given and are subject to change in our discretion without notice to you.
7.2 Unless otherwise specified, all prices are exclusive of any delivery costs (including freight, loading and insurance).
7.3 Prices are inclusive of all applicable taxes and are represented in Australian dollars.
(b) Step 2 – Enter the Shopping Cart and select ‘Proceed to Checkout’
(c) Step 3 – If you are an existing customer, log in to your account. If you are new customer, you must register for an account prior to placing an Order (please see clause 6 above).
(d) Step 4 – Place your order by selecting “Checkout” and making payment (noting payment is via the Distinction Wines website).
9.1 You can pay for your Order using debit card, credit card (Mastercard, American Express or Visa only) or PayPal.
9.2 During the checkout process you will be asked for your payment details. By completing these details, you are authorising us to debt the amount that is payable for your Order (including delivery charges) from your nominated payment method. All card payments are subject to authorisation by your card issuer.
9.3 You warrant and represent to us that you have authority to make payment with your nominated card or account. You must not pay for, or attempt to pay for, an Order through any fraudulent or unlawful means.
9.4 From time to time, we may offer a Customer Loyalty Program. If we offer a Customer Loyalty Program, separate terms and conditions will apply and those terms will be available on our website. If you participate in the Customer Loyalty Program, you may redeem points that you have earned under our Customer Loyalty Program to pay for your order (in full or in part).
9.5 You may also pay for your order using eligible gift cards issued by us. Gift cards are subject to the terms and conditions issued with the gift card. Gift cards must be used prior to their expiry date. We will not replace lost, stolen or deleted gift cards. Gift cards are not reloadable or redeemable for cash.
10 Cancellation of an Order
(b) there is an error in the price or the product description for the Products on the Website;
(c) the Order was placed in breach of these Terms;
(d) we determine that we are, or may be, unable to supply Products within a reasonable time or at all; or
(e) the Products in that Order are subject to a recall or withdrawal.
(b) for a partly cancelled Order, the amount paid in respect of the cancelled Products, will be refunded to your original payment method, or where we deem appropriate (acting reasonably), through an alternative means.
(b) must ensure that the person authorised by you to receive your Order is over the required age to receive Products as prescribed by law or as otherwise set out in these Terms; and
(c) agree to comply with the delivery requirements specified below and such other requirements that we notify you when you place your Order through the Website.
(b) acknowledge that, notwithstanding your authorisation, the person delivering the Products has discretion whether to leave the Products at the Delivery Address.
12.1 You agree that risk of loss of or damage to Products passes from us to you on delivery of those Products to the Delivery Address, including where the Delivery Address is unattended.
12.2 To the extent permitted by law, we exclude all liability for lost, stolen or damaged Products delivered to an unattended location nominated by you and we can establish that the Products were delivered to that nominated unattended location.
13 Change of Mind Returns
(b) the applicable Product has not been opened or damaged, and is in a re-saleable condition; and
(c) the ordered Product is in its original packaging (i.e. if the Product was delivered in a carton, the carton must be unopened).
14 Discounts and Promotions
(b) are subject to Product availability;
(c) may not be used in conjunction with any other offers or promotions (unless specified otherwise); and
(d) are not redeemable for cash.
15 Customer Loyalty Program
15.2 We reserve the right to change our Customer Loyalty Program benefits, terms and conditions at any time.
16 Claims and Implied Terms
16.1 We attempt to be as accurate as possible and use our best endeavours to ensure, but do not warrant, that any information provided on the Website, including in relation to Products, Product packaging and materials, is accurate, complete, reliable, current or error-free.
16.2 It is your responsibility to verify Products received are in all respects in accordance with your Order and suitable for your intended use.
16.3 You must notify us of any claim for incorrect supply of Products within 7 days of receipt of the Products. Within 14 days thereafter, you must provide full particulars and substantiation of the claim in writing to us. To the extent permitted by law, any claim which you do not notify or substantiate within the applicable timeframes above (time being of the essence) shall be deemed to have been absolutely waived.
16.4 Subject to clause 16.6, to the fullest extent permitted by law:
(a) we do not warrant the accuracy or completeness of the Website or its content, and the Website and its content is provided on an ‘as is’ basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk; and
(b) we do not warrant that your access to the Website or any part of it will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system.
16.5 Subject to clause 16.6, all conditions and warranties in respect of the Products are hereby expressly excluded to the full extent permitted by law.
16.6 Certain legislation, including the Competition and Consumer Law Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include without limitation terms relating to the Products being of merchantable quality or fit for purpose for which they were supplied to you. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, notwithstanding any other provisions in these Terms and to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to:
(a) in the case of Products, at our option:
(i) the replacement of the Products or the supply of equivalent Products;
(ii) the repair of the Products;
(iii) the payment of the cost of replacing the Products or of acquiring equivalent Products; or
(iv) the payment of the cost of having the Products repaired; or
(b) in the case of services, at our option:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
17 Indirect loss
17.1 So far as the law permits, we shall not be liable in any way whatsoever for any loss of profit or indirect or consequential loss suffered by you or any third party in connection with this agreement.
18 Performance and Representations
18.1 The parties acknowledge that there have been no representations or conduct giving rise to any understanding other than what has been expressly recorded in writing. The parties agree that it is not reasonable for them (and they will not) rely on any representation or conduct that is not acknowledged in writing.
19 Privacy and cookies
20 Intellectual Property Rights
21 Third party content and links
22 Use of the Website
(ii) is defamatory, offensive, threatening, abusive or otherwise unlawful,
(iii) includes personal information of another person unless you have their consent;
(iv) poses a privacy or security risk to any person;
(v) you know or suspect to be false, misleading or deceptive;
(vi) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
(vii) interferes with, disrupts, or creates an undue burden on the Website or any systems, or networks connected to the Website; or
(viii) uses any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website or any content on it;