Terms and Conditions
This agreement is between: Artisan Malbec ABN 96 601 535 335, holder of Liquor License No. LIQP770016911 (us, we, our); and the persons listed or stated in the Order (you, your).
Agreement
Responsible Service of Alcohol
Artisan Malbec does not sell alcohol to persons under the age of 18. By using this site you confirm that
you are over the age of 18. Artisan Malbec makes every effort to ensure that alcoholic beverages are not
delivered to anyone who is under the age of 18. By using this website you are acknowledging that the
person receiving a shipment of alcoholic beverages from Artisan Malbec is over the age of 18. IF YOU
DO NOT AGREE WITH THESE CONDITIONS OF USE PLEASE DO NOT USE THIS SITE. If you
intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the
age of 18, Artisan Malbec will prosecute you to the full extent allowable by law. If the person receiving
the wine is unable to produce appropriate ID, our couriers will be unable to leave the wine.
Contracts
Your order is an offer to buy from www.artisanmalbec.com.au. There will be no contract of any kind
between you and Artisan Malbec unless and until we accept your order, and in the case of wines and
goods to be delivered to you, when we debit your credit card. At any point up until then, we may decline
to supply the goods or services to you without giving any reason. At the moment we accept your order or
in the case of delivery of goods, when we debit your credit card, a contract will be made between you and
Artisan Malbec. All wines or other goods ordered remain the property of Artisan Malbec until payment is
received in full. Our total liability to you for non-delivery of purchased goods is limited to the purchase
price of the products.
Liability
Artisan Malbec shall not be liable for any delay in delivering your wine if that delay or failure is caused by
circumstances beyond our control such as war, riot, civil commotion, malicious damage, compliance with
any current or future law or governmental order, rule, regulation or direction, fire, flood, storm or other
poor weather conditions, Act of God, failure of ISP or telecommunications provider in connection with the
performance of this Agreement.
Information
Artisan Malbec reserves the right to modify the terms, conditions and notices contained on this website
without notice to you. Your continued use of this website after any such change constitutes your
agreement to such change. Artisan Malbec further reserves the right to change prices and other
information on the website at any time without notice to you. The posting of prices and other terms of sale
on this web site shall not constitute a binding agreement and Artisan Malbec is not obliged to sell
products on such terms.
All content, including without limitation graphics, logos, text, images and other features, appearing on this
website, and their associated copyrights, trademarks and other intellectual property are owned, controlled
or licensed by Artisan Malbec. This content is protected by copyright separately and as a collective work
or compilation under Australian and international copyright law and is the property of Artisan Malbec, its
licensors, or the party credited as the provider of the content or other third-party owners of the content, as
the case may be.
As the user of this website you may not copy, distribute, transmit, reproduce, publish, create derivative
works or in any way use any of the content on this website without the prior written permission of Artisan
Malbec. This prohibition includes without limitation the publication of any part of this content on any other
website, selling or offering it for sale, or using it to create any kind of database.
This site is provided by Artisan Malbec on an “as is” basis. Artisan Malbec to the maximum extent
permitted by applicable law makes no representations or warranties of any kind; express or implied, as to
the operation of the site or the information, content, materials, or products included on this site. Artisan
Malbec disclaims all warranties, express, statutory or implied, including without limitation implied
warranties of merchantability and fitness for a particular purpose; warranties or conditions of workmanlike
effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement; warranties or
conditions arising in the course of dealing or the usage of trade.
This Agreement comprises the entire agreement between you and Artisan Malbec and supersedes all
prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding
the subject matter contained herein. This Agreement is personal to you and you may not transfer, assign,
or delegate this Agreement to anyone without the express written permission of Artisan Malbec. Any
attempt by you to assign, transfer, or delegate this Agreement without the express written permission of
Artisan Malbec shall be null and void.
Artisan Malbec makes no representations or warranties whatsoever that access to this website will be
uninterrupted or error-free or that any information, software or other material accessible on or through this
website is free of viruses or other harmful components. Your use of the Artisan Malbec website is at your
own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of
any equipment you use in connection with your use of this website.
Artisan Malbec will not be liable for any damages of any kind arising from the use of this site, including
without limitation direct, indirect, incidental, punitive or consequential damages. For your convenience,
Artisan Malbec may include links to other sites on the Internet that are owned or operated by third parties.
When linking to such a site, you do so at your own risk. The inclusion of any link on the Artisan Malbec
website does not imply that Artisan Malbec endorses the linked site.
Wine Club Membership
To join Artisan Malbec Wine Club, you must be 18 years of age or over, be a resident of and domiciled in
Australia and agree to the terms and conditions. You may become a Member of our Wine Club by filling
out and submitting a “Sign up” form.
If you become a Member, you agree to a quarterly delivery of our three or six bottles wine club packages.
Your Membership will be automatically renewed every 12 months.
In addition to any Quarterly Deliveries Service, we may also provide you from time to time with certain
membership benefits, such as tasting notes and exclusive member offers (such as discounts on
purchases of wines and special offers from third parties) or other benefits (Member Benefits). We reserve
the right to add to, vary substitute, or omit the Member Benefits at any time, in our absolute discretion,
and without notice to you.
Membership is non- transferrable. You must not share or disclose your password with third parties. You
must provide accurate information and maintain your details updated as needed, for example if changing
your address or telephone number.
Fess & Charges
All transactions are in Australian dollars and our products are sold within Australian only (excludes
Australian Islands located in international waters). The liquor license is governed by NSW laws and we
are governed by Australian Federal and State laws. We will also be unable to deliver to dry areas as
designated by the Australian government.
Unless you terminate this Agreement as permitted herein, the minimum term will be 12 months and will be
automatically renewed at the end of each 12 months for a further term of 12 months.
If you are receiving our Quarterly Delivery Service:
-The Package Price for each delivery will be the amount applicable at the time your Goods are
packaged and processed, ready for Delivery.
-Payment will be made by your nominated Credit Card (Supplied by you at membership joining)
This credit card payment will be made on a recurring basis, every quarter, to coincide with the
delivery of the product.
-You may cancel this delivery and this recurring credit card payment at any time, with a four week
notice period
All sale prices are GST inclusive unless stated otherwise. Prices are listed as per bottle unless specified
otherwise. Minimum order is six bottles of the same wine unless it is listed as a three bottles pack.
You must pay the fees and charges owed using one of the following payment methods:
-American Express
-MasterCard
-Visa
Product availability is based on stocks available. If the stock runs out, Artisan Malbec can offer a
substitute wine but only if acceptable to you.
Shipping
When we or our nominated couriers or agents attempt to deliver your order we reserve the right to
request valid identification as the person accepting your order must be over 18 years to receive your
order.
In the event that the shipments are damaged or partially lost during transit, the member must, within 14
working days of delivery of the goods, provide the Wine Club written notice giving reasonable particulars
of any such alleged damage or partial loss. The member acknowledges and agrees that no claim
whatsoever shall be accepted by the Wine Club (or any of its agents) for any damage to, or partial loss of,
the shipments which occurred during transit where written notice is not provided within this period. On
accepting the member's claim, the Wine Club will at its discretion replace or refund the goods and pay for
any additional delivery charges.
We will endeavor to deliver your order within 1-5 working days for Australian capital cities and 1-10 days
elsewhere. In outlying areas please allow longer. Artisan Malbec does not however guarantee any
specific delivery date. We will notify you of specific case details and when you can expect your credit card
to be charged prior to each delivery. Your case will be delivered to the address we have on record for you
and it’s your responsibility to ensure that the contact details we hold on record for you (address and email
address) are up-to- date.
Risks & Warnings
Customers should also be aware of the following inherent risks and warnings:
-Alcohol should be consumed in moderation and never in conjunction with operating a motor vehicle or
machinery. Women should not drink alcoholic beverages during pregnancy because of the risk of
birth defects. Alcohol consumption may cause health problems.
-A case of wine is heavy, so extra care should be taken when lifting it. If you are concerned about the
weight we advise that you transfer the bottles 1 or 2 at a time.
-Red wine in particular may cause staining if spilt, so extra care should be taken.
-Sparkling wines can be volatile due to the build up of gasses. Extra care should be taken when
opening these.
