1.1 The use of this website is governed by these
terms and conditions, which may be varied by Merriworth Wines from time to
1.2 You may only use this website if you are aged 18 years or over or otherwise over the legal drinking age in your country or residence. You must immediately exit the website if you do not meet these requirements.
1.4 Purchases made through this site are made under Tasmania Liquor License No 86948.
2. Intellectual Property and restrictions on Use of Content
2.1 Unless expressly stated otherwise, all intellectual property rights appearing on this website, such as names, trademarks (registered and unregistered), logos and copyright material, are owned by us and/or our related companies. You must not use that intellectual property in any way whatsoever, except as expressly permitted by us in writing (or in the case of copyright material, as permitted by Australian and international copyright laws).
3. Privacy and Personal Information
4. Links to Third Party Sites
4.1 There may be links to other websites or advertisements of goods and services available from other parties on our website. We are not responsible for those websites, their content or the goods and services available on them. Links and feeds are provided solely for your convenience and you use them and the linked websites entirely at your own risk.
5.1 While we will take all reasonable steps to ensure that this website is accurate, the website and its contents are provided on an “as is” basis. To the maximum extent permitted by law, all warranties in respect of this website and the information contained in it (including the content of or use of this site, the security of your computer in accessing this site, computer viruses, the availability, uptime and security of this site and the integrity of data accessed through this site) are excluded. We (including our related companies) are not liable for any loss or damage which you may suffer as a result of using this website. We reserve the right to revise the content of, or withdraw access to this website at any time without notice or liability to you.
Transactions on our Website
The following terms and conditions apply to any orders and purchases you make from this website:
6.1 The prices advertised by Merriworth Wines may be altered at any time without notice.
6.2 Prices quoted are in Australian dollars; include GST, and all other taxes. Freight may be additional but will be notified to you at the time of check out.
7.1 When placing an order with Merriworth Wines,
you confirm that all the details that you have provided in completing the order
and offer to purchase the goods are true and correct.
7.2 It is a condition of purchase that you verify that you are 18 years of age or over. All orders are subject to acceptance by Merriworth Wines.
7.3 If we are unable to supply you with wine of the vintage that you ordered, we reserve the right to substitute it for the same wine of a different vintage.
8.1 If a freight cost applies it will be provided at check-out.
8.2 Risk in the goods passes to the purchaser upon delivery.
8.3 Merriworth Wines is not responsible for and does not accept liability for delay or non-delivery of products. In the case of late delivery, the purchaser must accept goods delivered.
8.4 If the member is not at the delivery address at the time of delivery the goods may be left with a person at the delivery address who is 18 years or older but may be required to show proof of age. In the event nobody is at the delivery address who meets the criteria under these terms and conditions, a waiting card will be left in the purchaser’s mailbox. This card will advise the next steps required to obtain delivery of the purchaser’s order. The purchaser’s order will not be left with persons under the age of 18 years. Merriworth Wines cannot agree to unattended deliveries in any circumstances.
9.1 Your credit card or other selected payment method will be debited for the wine and associated costs prior to dispatch.
9.2 If for any reason your credit card or other selected payment method is unable to be debited for the cost of the wine then Merriworth Wines’s staff may contact you to advise that the order was unable to be processed.
10.1 Your rights under the Australian Consumer Law are not affected by these terms and conditions, namely our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.2 Merriworth Wines will accept and replace faulty and/or out of condition goods or goods that are wrongly described or breach a consumer guarantee returned by the purchaser provided that the goods were not broken or damaged after delivery, the goods are not out of shelf life and the purchaser notifies Merriworth Wines of their intention to return the goods within 7 days of delivery. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return (only when Merriworth Wines is at fault or have breached a consumer guarantee. In all other circumstances, including change of mind, the delivery charge will be deducted from the refund to the purchaser).
11.1 Subject to any relevant statutory
provisions, these terms contain the entire agreement between Merriworth Wines and
you on the subject matter and all representations, warranties and agreements
(whether express or implied and whether statutory or otherwise) are expressly
excluded and Merriworth Wines’s liability is limited to the lessor of the cost
of replacing the products; or the costs of obtaining equivalent products.
11.2 Contents of this site do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
12. Responsible Service of Alcohol
12.1 Merriworth Wines supports the responsible service and consumption of alcohol and recommends that alcohol be enjoyed in moderation.
12.2 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. The purchaser therefore warrants that they are 18 years or over of age; and that any person that you are obtaining the products for is also 18 years or over.
13. Merriworth Wines is a registered business name of the partnership of KK Hatch & M McNamara ABN 36 969 883 506 and any reference to Merriworth Wines in these conditions includes a reference to that partnership.