TERMS AND CONDITIONS
The website “www.mulletwines.com” (the “Website”) is owned and operated by Fourth Wave Wine Partners Pty Limited (ABN 32 243 483 797) with the principal place of business at Charlestown, NSW Australia 2290, (“Fourth Wave Wine”, “we”, “us”, “our” and similar grammatical forms).
By accessing and/or visiting the Website or making any purchase from the Website or otherwise, you signify your agreement to (1) these terms and conditions (“Terms and Conditions”), and (2) Fourth Wave Wine’s privacy policy (the “Privacy Policy”), found at www.mulletwines.com/privacypolicy.
These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Fourth Wave Wine on the Website, shall constitute the entire agreement between you and Fourth Wave Wine concerning the Website and your use of Fourth Wave Wine’s products or services. If you do not agree to any of these Terms and Conditions, or you are not satisfied with the Privacy Policy, do not use the Website or make a purchase from Fourth Wave Wine.
These Terms and Conditions govern your use of this website www.mulletwines.com including all copyright, data, test, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content), as well as the goods and/or services that you purchase from Fourth Wave Wine.
By using and/or visiting the Website, you affirm that you are either 18 years of age or older. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are aged 18 years or over, as the Website is not intended for children under 18. If you are under 18 years of age, then please do not use the Website.
All Content is copyright © 2022 Fourth Wave Wine Partners Pty Limited or other copyright owners.
1. Sale of Alcohol
New South Wales | Liquor Act 2007: No alcohol can be sold or supplied to anyone under 18. It's against the law. Australian Capital Territory | Liquor Act 2010: it is an offence to supply alcohol to a person under the age of 18 years. Penalties apply. Victoria | Liquor Control Reform Act 1998: Warning - 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 $23,000) and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $900). Western Australia | Liquor Control Act 1988: 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. Tasmania | Liquor Licensing Act 1990: Warning - Under the Liquor Licensing Act 1990, it is an offence for liquor to be delivered to a person under the age of 18 Years (Penalty: fine not exceeding 20 penalty units) or for a person under the age of 18 years to purchase liquor (Penalty: fine not exceeding 10 penalty units). Northern Territory | Liquor Act 2010: it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years. South Australia | Liquor Licensing Act 1997: liquor must not be supplied to persons under 18. Queensland | Liquor Act 1992: it is an offence to supply liquor to a person under the age of 18 years. As part of the conditions of use of this Website, you warrant that you are over the age of 18 and you are not purchasing liquor for any person under the age of 18 years of age.
Liquor Licence No. 36303595
2. Pricing
All prices quoted exclude/include GST and are in Australian Dollars (AUD). All pricing is subject to change without notice.
3. Use of Website
(a) You may only use the Website and the Content on this Website for personal, non-commercial purposes provided you do not remove any copyright and trade mark notices contained on the material unless Fourth Wave Wine provides express written consent.
(b) Unless otherwise indicated, all content included on this Website, such as text, graphics, logos, button icons, images and software, is the property of Fourth Wave Wine or its content suppliers and is protected by Australian law and international treaties, the laws of many other countries. This excludes property in which the rights of third parties are explicitly and immediately acknowledged.
(c) Any improper use, including but not limited to the reproduction, modification, distribution, transmission, republication or display part of all of the Content of this Website (including html code, CGI interfaces, product photographs and screen designs), or incorporation of any part of the Website into another website is strictly prohibited. Except for the limited use set out in clause 3(d) you may not use the Website, or the material contained on it, for any purpose without the prior written consent of Fourth Wave Wine. This involves:
i. the reproduction of the material in any material form;
ii. the distribution of the material in any material form;
iii. re-transmission of the material by any medium of communication;
iv. uploading or reposting the material to any other site on the Internet; and
v. “framing” the material on the Website with other material on any other website.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms and Conditions.
(d) Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the original material. You are not permitted to modify any material from how it appears on the Website.
(e) You must not breach the security of the Website, test or scam the vulnerability of the Website, or make unauthorised modifications of the Website.
(f) You must not interfere with any other person’s enjoyment of the Website.
(g) Your access to, or use of this Website does not constitute or create a licence or any other right to use Fourth Wave Wine’s name, trade marks, copyrights or any other intellectual property.
(h) We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:
i. re-sold or re-distributed in any material form;
ii. stored in any storage media; or
iii. re-transmitted in any media, without our prior written consent.
In addition to these Terms, the Fourth Wave Wine’s Privacy Policy applies to the Use of the Website and various parts of the Website may be subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.
4. Third Party Websites
(a) This Website may contain information from hyperlinks and other pointers to websites on the internet owned and operated by third parties (Third Party Websites) and which are not under our control. Fourth Wave Wine has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site.
(b) In relation to the other sites on the Internet, which are linked to theWebsite, we provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site. Use of any such linked website is at the user's own risk.
(c) Fourth Wave Wine makes no representations or endorsements and assumes no responsibility and accepts no liability for the condition or content or use of any such external site accessed through ours. As part of the Terms and Conditions for the use of this Website you acknowledge that Fourth Wave Wine has no control over the content on external sites we may link to.
5. Disclaimer
(a) The Contents of this Website (including all information contained on this Website) are provided on an “as is” basis. To the fullest extent permitted by law, neither Fourth Wave Wine nor its directors or employees give or make any representation or warranty (either express or implied) as to the operation of the Website, your access to the Website or results of your access, the completeness, accuracy or reliability of the Contents of this Website, or that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components, nor do they accept any responsibility arising in any way (including from negligence) for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any errors in, or omissions from, the contents of this Website, any use or access, or any inability to use or access, the Website or arising out of or in connection with any goods or services supplied by Fourth Wave Wine.
(b) Where any Act of Parliament implies any term, condition, representation or warranty into the Contents of this Website or your use of or access to the Website, and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If, and to the extent permitted by the Act however, Fourth Wave Wine’s liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as Fourth Wave Wine may choose.
(c) You should be aware that information current to a particular time or date as placed on the Website does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Website is updated. Fourth Wave Wine will make reasonable efforts to provide accurate product descriptions and pricing. All prices quoted and displayed on the Website, including for goods and services, shipping and handling fees, and other charges are current at the time of display, but are subject to variation without notice. Without limiting the operation of any other Terms and Conditions herein, Fourth Wave Wine does not warrant that product descriptions or any other content of the Website including prices and the numbers of available product is accurate, complete, reliable, current or error free.
6. Limitation of Liability
(a) We do not warrant, guarantee, or make any representation that:
i. the Website, or the server that makes the Website available on theInternet are free of software viruses;
ii. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
iii. errors and defects in the Website will be corrected.
(b) To the extent permitted by law, we are not liable to you for:
i. errors or omissions in the Website, or linked sites on the Internet;
ii. the accuracy or completeness of any information available on theWebsite;
iii. delays to, interruptions of or cessation of the services provided in theWebsite, or linked sites; and
iv. defamatory, offensive or illegal conduct of any user of the Website, whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
(c) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
(d) All information, ideas, concepts, know-how or techniques provided by you through this Website including the fact that you have accessed the Website and information, goods or services you have sought from the Website (“Information”) shall be deemed to be non-confidential, and Fourth Wave Wine shall be free to use, disclose, reproduce, transmit, publish and distribute the Information without limitation. You warrant that the Information is available for such use by Fourth Wave Wine and agree to indemnify FourthWave Wine if any third party takes action against Fourth Wave Wine in relation to Information that you provide.
(e) This clause 6 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
if the breach of an implied warranty or condition relates to services:
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again; and
if the breach of an implied warranty or condition relates to goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods; or
iii. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
(f) Except where prohibited by law, Fourth Wave Wine will not be liable for any loss, damage, liabilities or claims and expenses that you may suffer due to the use of the Website, including use of any information on it. You use the internet and the Website at your own risk.
(g) Nothing in these terms limits your rights under Australian Consumer Law (“ACL”).
7. Use of personal information gathered
We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy for details of how we collect, store and use your personal information and how you can access your personal information or raise a complaint about the management of your personal information.
8. Intellectual property rights
You acknowledge that all logos, icons, brand names or service names that identify the owner and operator of this Website are our copyright property or our trade marks or service marks or our licensed property. This Website contains registered trade marks and other service marks which are the property of their respective owners and are protected by law. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
9. Termination of access
Fourth Wave Wine reserves the right inits absolute discretion to suspend, terminate or limit access to and use of the Website at any time by any user without notice for any reason, including but not limited to breach of these terms. The suspension, termination or limitation shall not affect either party’s rights or liabilities. Fourth Wave Wine has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
10. Alteration of Terms and Conditions
Fourth Wave Wine reserves the right in its absolute discretion to change these Terms and Conditions at any time:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
Such changes will be effective as soon as they are posted.
Fourth Wave Wine may, in its sole discretion, modify or revise these Terms and Conditions, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. Fourth Wave Wine recommends periodically revisiting the Terms and Conditions to ensure you are kept up to date with any changes made. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
Your use of the Website or purchase of FourthWave Wine goods or services following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
11. Governing Law
(a) If any part of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
(b) These Terms and Conditions will be governed by and interpreted and enforced in accordance with the law of New South Wales in Australia, including with respect to any dispute arising under these Terms and Conditions without giving effect to any principles of conflicts of laws.
(c) You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales in Australia to determine any dispute arising out of these Terms and Conditions. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
(d) FourthWave Wine makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
12. Online orders
Any order placed on the Website is an offer by you to purchase a particular good for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered.
Fourth Wave Wine will not process or dispatch orders until funds have cleared into our account. We do not take any responsibility for any delays in processing your order because of a declined transaction.
All goods advertised on the Website are subject to availability.
13. Delivery (Within Australia)
Fourth Wave Wine offers delivery Australia wide by DHL and Fastway Couriers. Delivery costs are calculated at checkout page of the Website. Allow 5-10 business days for delivery. Any delivery times indicated by Fourth Wave Wine are estimates only. We are not liable for any fluctuation in delivery times.
You are responsible for entering the correct delivery details at time of ordering. Fourth Wave Wine accepts no responsibility for late, lost or misdirected deliveries due to incorrect delivery details. You are responsible for any costs associated with resending the order to the correct address, if the goods are not lost.
Please ensure that there is someone present at the delivery address you provide to receive your order as signature will be required.
In accordance with the Liquor Licensing Act and responsible service of alcohol principles, our delivery couriers have been instructed to request a valid form of identification for anyone who appears to look under the age of 25 years.
You are responsible for contacting FourthWave Wine should the order not be received.
To the extent permit by law, and without limiting the operation of any Terms and Conditions you agree that late delivery does not constitute a breach of our agreement with you or entitle you to cancel your order and Fourth Wave Wine will not be liable for any loss or damage for any goods that are lost, stolen or damaged after the goods are delivered.
14. Collection or Click & Collect orders
Collection of Orders is from the Click& Collect collection point selected by you to collect the goods consistent with your Click & Collect order. Click & Collect facilities are available from selected locations throughout Australia. Collection will be available within the timeframe specified from when the order has been placed.
Address for collection is 'Suite 1 Level 3 240-244 Pacific Highway Charlestown 2290 NSW'.
15. Undelivered Goods
If you have placed an order and have not received delivery within 10 business days, please advise marketing@fourthwavewine.com.au. Please have your order confirmation email on hand (you will receive this after you place your order).
16. Returns Policy
Our Returns Policy applies to all purchases of goods using the Website and forms part of these Terms and Conditions.
If a good received by you is damaged, faulty (either by taste or appearance) or is showing tampering, promptly contact us by email marketing@fourthwavewine.com.au to discuss the situation and (as applicable) organise for the faulty product to be returned. We will likely require you to return the faulty good with your proof of purchase attached anda written explanation detailing the fault or damage and your contact details.
If the return is accepted, we will send a return shipping label, as well as instructions on how and where to send the package. Items sent back without first requesting a return will not be accepted.
Nothing in these Terms and Conditions reduces or limits your rights under the ACL. Once returned to us, if we reasonably assess that your returned good is in fact faulty/damaged and/or in breach of any statutory or other warranty, we will contact you to discuss the appropriate remedy (subject to law). If we are unable to replace the good with an identical good, you may select another stocked good of the same purchase price, or you can opt for a full refund of the purchase price of the faulty good. The replacement good will be sent at no charge, as soon as possible, after we receive your faulty or damaged good. Subject to law, any faulty or damaged good(s) must be complete. Returns will not be accepted by us if the fault or damage to the good has been caused by accident or by misuse by either you or a third party or if the good has been modified or tampered with in anyway by you or a third party.
17. Damages and Issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we may evaluate and resolve the issue.
18. Exceptions / Non-returnable items
We do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. Unfortunately, we cannot acceptreturns on sale items. If an item was purchased with a gift voucher, it canonly be refunded back to the gift voucher.
19. Refunds
We will notify you once we have received and inspected the return, and let you know if the refund is approved. Once approved, you will be automatically refunded on your original method of payment. Please note it can up to 3 business days to process the refund depending on your bank or credit card company.
WHOLESALE INQUIRIES
Please forward your details to the contact form or indeya@fourthwavewine.com.au
