Terms & Conditions
Terms of Sale
By entering your details to make a purchase, you are offering to make a contract to purchase goods from Tahbilk Pty Ltd, ABN 98 004 194 790 (referred to herein as ‘Tahbilk’). If Tahbilk accept your offer, the goods will be sold on the basis of the terms and conditions set out below. Please read these terms carefully.
The contract is made at our licensed premises, 254 O’Neils Road, Tabilk, Victoria, 3608, from where the goods will be dispatched under our Liquor Licence no. 32400141.
Persons under 18 years of age are not permitted to place orders for alcohol and Tahbilk supports the responsible service of alcohol.
Nature of the Contract.
You are able to use the Tahbilk website (or email, telephone, fax or other method) to place an order for goods. The contract between you and Tahbilk for the supply of those goods (“the Contract”) only comes into existence when Tahbilk accepts your order.
Tahbilk will notify you of acceptance and no obligation to sell the goods will arise until such acceptance. Each order you place will lead to a separate contract.
Orders cannot be cancelled once accepted, unless by arrangement with the management of Tahbilk.
Tahbilk will endeavour to ensure that wines are delivered within seven (7) working days of the date of acceptance of the order.
While Tahbilk 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.
Tahbilk will not be obliged to continue to deliver goods to you if your delivery address is not in an area within which Tahbilk delivers goods. Tahbilk will not deliver to a Post Office Box.
The goods will not be delivered to persons under the age of eighteen (18) years (Tahbilk may request that the person who receives the goods provide satisfactory evidence of proof of age and will refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age).
Anyone at the nominated delivery address who receives the goods shall be presumed by Tahbilk to be authorised to receive the goods.
Delivery instructions are required for all orders and all efforts will be made to ensure these instructions are followed.
Orders are required to be in lots of twelve (12) bottles unless it is for a Special Offer 6 pack or magnum where a single unit applies.
There is no charge for delivery of orders to addresses in Victoria, New South Wales, ACT, Queensland and South Australia.
A standard $12.00 freight charge applies to all other Sates & Territories for all twelve (12) bottle carton, 6 Pack Special Offer or Magnum orders.
Tahbilk may provide Special Offers in relation to our products and services from time to time.
At any time, Tahbilk may terminate any Special Offer without advance notice.
If terminated, a Special Offer will continue to apply to products or services ordered by you in accordance with these Terms before the date the special offer was terminated.
All specials, promotions, clearances, offers and discounted items advertised on the Tahbilk website are available only while stocks last unless otherwise advertised.
All wine is offered for sale subject to available stock. If a product is out of stock, Tahbilk will contact you to offer a substitute wine of at least equal quality. If you do not accept a substitute wine and your credit card has been charged for wine that is out of stock, Tahbilk will cancel your order and issue a credit to your credit card account in the amount charged.
If you receive a case of wine with one or more broken bottles, Tahbilk will issue you a refund in the amount paid for the broken bottles or send replacement bottles if available.
Tahbilk may ask you to provide proof of the damage, as a condition of refund or replacement.
If you are not completely satisfied with the wines you purchase, they will be replaced or refunded to their full value.
Tahbilk may ask you to return the wines (at Tahbilk’s cost) for evaluation, as a condition of refund or replacement.
Tahbilk’ prices are subject to variation – the price payable for the goods is the price applicable on the date when Tahbilk confirms your order.
The quoted price includes GST, but does not include the delivery 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 fee.
Prices stated are in Australian dollars, and may be per bottle, per 6 pack, per 12 bottle case or per magnum, as stated.
The full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. Delivery will not commence until payment has been processed/validated. Tahbilk accept payment by Visa, MasterCard, American Express and Diners Club. Credit card details are processed using SSL encryption and are not stored by Tahbilk.
Restrictions on the carriage or possession of alcohol are in place in some regions of Australia.
If you live in an area which is the subject of such restrictions, it is your responsibility to be aware of the extent of such restrictions and the legal implications of these restrictions prior to proceeding with your alcohol purchase from Tahbilk. Tahbilk is not liable for any confiscation of alcohol and / or financial or other penalties arising from the breach of such restrictions caused by the attempted delivery by Tahbilk of your order.
You are responsible to maintain the confidentiality of your password. You are also responsible for, and indemnify Tahbilk in relation to, any and all activities that occur using your password, including in relation to your personal information. You must immediately notify Tahbilk of any unauthorised use of your logon or password or any other breach of security of which you become aware.
Tahbilk may give notice to you by electronic mail or by regular mail, including but not restricted to bi-monthly Newsletters, to your address contained in the registration or other information provided by you.
Copyright in all materials appearing on this website is, except where noted to the contrary, the property of Tahbilk and must not be reproduced, in whole or in part, except as permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, or for any purpose expressly permitted by Tahbilk.
Tahbilk 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. Tahbilk 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 Tahbilk remains with you.
You also waive any and all claims that you may have against Tahbilk otherwise arising out of or in relation to your use of this website.
By supplying Tahbilk with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold Tahbilk responsible for any breach of security unless Tahbilk have been negligent or in wilful default of our duties to you.
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 Tahbilk and you, if such exclusion, restriction or modification would be void or prohibited by the legislation. To the extent that Tahbilk breaches any condition or warranty implied into the arrangement between Tahbilk and you and which cannot be excluded or modified, Tahbilk's liability is limited to, at Tahbilk'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, Tahbilk is not liable to you (or to any third party claiming through you) for, and you release Tahbilk 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 Tahbilk, its employees or agent, and whether based on negligence or other tort, contract or otherwise.
Tahbilk may add to, delete, or otherwise change any of the terms of this Contract. Tahbilk will notify you of any substantial changes to these terms & conditions. Your use of the Tahbilk service after notice will constitute your deemed acceptance of such changes.
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 govern this Contract.
WARNING - VIC Liquor Control Reform Act 1998
It is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $6,000), and for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $500).